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THE 


BRITISH  CONSUL'S  MANUAL: 


%  Irattkal  §mk  for  Consrfs, 


AS   WELL   AS   FOR 


THE  MERCHANT,  SHIPOWNER,  AND  MASTER  MARINER, 


IN    ALL    THEIB   CONSULAR    TRANSACTIONS. 


BY    E.  W.  A.  TUSON, 

OF   THE   INNER   TEMPLE; 
CHANCELLOR   OF   THE   IMPERIAL   AUSTRIAN    CONSULATE-GENERAL   IN   LONDON. 


'HoNORUM  POPULi  FINIS  EST  CONSUL ATUS." — Cicero. 


LONDON: 
LONGMAN    AND    CO.,    PATERNOSTER-ROW. 

1856. 


[The  Author  reserves  to  himself  the  right  of  translation.] 


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LONDON: 
PRINTED   BY   WILLIAM    TYLER, 

BOLT-COURT,    FLEET-STREET. 


TO  THE  HONORABLE 

LIONEL  NATHAN,  BAKON  DE  EOTHSCHILD,  M.P. 

ONE    OF    THE    COMMISSION    OF    LIEUTENANCY    FOR    THE  CITY    OP    LONDON,  CONSUL- 
GENERAL    OF    AUSTRIA,    ETC.,  ETC.,  ETC. 


Sir, 

Elevated  by  your  many  public  and  private  virtues — 
by  your  immense  erudition  in  monetary  and  commercial 
affairs — to  a  rank  wliicli  places  you  at  the  head  of  those 
merchant  princes  and  bankers,  whose  vast  commercial  enter- 
prises have  promoted  the  most  vital  interests  of  the  greatest 
nation  in  the  world,  it  has  been  a  source  of  peculiar  grati- 
fication to  me,  having  your  kind  permission,  to  inscribe  to  you 
this  Treatise  on  a  service  which  is  the  sole  protection  of  our 
nation's  trade,  navigation,  and  commerce  in  foreign  countries. 

Permit  me,  then,  with  the  utmost  deference,  to  express  my 
sincere  wishes  that  you  may  long  enjoy  that  high  position, 
and  that  you  may  be  spared  many  years  to  be  one  of  the 
Representatives  of  this  great  City,  to  which  honor  you  have 
been  so  often  returned  by  the  universal  voice  of  its  electors. 

Allow  me  to  subscribe  myself, 

Sir, 

Your  most  obedient  and  humble  servant, 

E.  W.  A.  TUSOK 

Inner  Temple, 

January  l.si,  1850. 


PREFACE. 


THE  present  epoch  seemed  to  me  peculiarly  to  demonstrate  the 
great  and  urgent  necessity  there  is  for  a  Work  of  this  descrip- 
tion, which  has  been  compiled  with  a  view  more  to  practical  utility 
than  to  the  development  of  historical  research.  It  will  be  found 
to  be  directed  to  the  useful  purpose  of  conveying  instruction,  and 
affording  reference,  in  cases  which  may  not  unfrequently  arise, 
wherein  the  Consul,  Vice-Consul,  Shipowner,  Master  Mariner,  and 
others,  have  occasion,  even  in  their  ordinary  vocation,  for  the 
interposition  and  aid  of  Consular  authority,  to  be  exercised  and 
applied  with  due  regard  to  international  law,  and  in  accordance 
with  the  conventions,  treaties,  and  directions  of  the  respective  Go- 
vernments. 

While  I  am  averse  to  indulge  in  a  political  essay  upon  what  I 
may  (however  reverentially)  conceive  to  be  erroneous  on  the  part 
of  those  in  authority,  in  adopting  the  best  mode  of  securing  the 
most  honou.rable  and  effective  discharge  of  the  important  duties 
which  devolve  upon  persons  to  whom  the  execution  of  that  part  of 
the  public  service  is  confided,  I  cannot  refrain  from  directing  atten- 
tive consideration  to  the  necessity  of  a  wise  selection  of  persons 
to  fill  the  position  of  Consul. 

That  the  overwhelming  responsibility  of  the  creation  of  a  war 
may  attach,  with  all  its  fearful  consequences,  to  the  performance  or 
non-performance  of  su^ch  duties  as  are  properly  within  the  province 
of  his  authority,  will  justify  me  abundantly  in  a  brief  allusion  to 
the   actual   requirement   that    exists    for    higher   qualifications    than 


VI  PREFACE. 

would  appear  to  have  been  hitherto  considered  as  indispensable  in 
a  Consular  Agent. 

Considering  the  Aast  importance  of  the  due  protection  of  every 
branch  within  the  gigantic  scope  of  commerce,  trade,  navigation, 
and  international  enterprise  which  the  British  Empire  has  created, 
pursued — and,  indeed,  now  actively  encourages  and  promotes  in  all 
parts  of  the  habitable  globe — surely  it  becomes  well  the  most 
enlightened  Statesman  to  devote  himself  energetically  to  the  ame- 
lioration and  improvement  of  the  present  mode  of  administration 
of  that  part  of  the  public  service ;  and  rather  to  originate  a  neces- 
sary revision  of  the  present  course  adopted,  than  wait  for  the 
interposition  of  those  who  may  treat  the  subject  with  more  rough 
celerity  than  would  be  judicious.  Let  no  one  be  found  who  shall 
be  able  to  exclaim  with  truth,  that  the  appointments  are  conferred 
on  persons  "  favoured,  not  fitted." 

In  what  department  of  the  Civil  Service  is  there  so  much  required 
as  of  a  Consul — and  this,  when  he  is  in  many  instances  far  from  his 
native  land,  and  those  from  whom  he  might  otherwise  obtain  coun- 
sel and  advice?  Placed  too  in  a  position  wherein  he  must  promptly 
manifest  the  possession  of  firmness — a  firmness  well  based  on  that 
proper  amount  of  self-reliance  resulting  alone  from  a  virtuous  and 
manly  confidence  that  he  possesses  the  necessary  qualifications  for  the 
performance  of  the  duties  of  his  office — duties  no  less  than  identical 
with  those  of  a  clergyman,  a  lawyer,  diplomatist,  notary,  merchant, 
shipowner,  and  all  persons  acting  directly,  or  as  agents  for  others,  in 
the  management  of  the  innumerable  affairs  (many  of  considerable  de- 
licacy) involved  in  the  transactions  of  so  widely  diffused  and  extensive 
commercial  relations — this  proposition  is  of  itself  so  obviously  correct 
that  confirmation  is  imnecessary.  Yet  the  opinion  of  probably  one  of 
the  most  acute  and  observant  diplomatists  of  his  own  or  any  other 
age,  occurs  to  me :  I  may  with  propriety  remind  my  readers  of  the 
very  brief  allusion  of  Prince  Talleyrand  to  such  duties,  which  he  made 
while  directing  attention  to  Count  Rheinhard,  an  eminent  politician, 
then  lately  deceased :  "  Apres  avoir  ete  un  ministre  habile,  que  des 
choses  il  faut  encore  savoir  pour  etre  un  bon  Consul!  Car  les  attribu- 
tions d'un  Consul  sont  variees  a  I'infini ;  elles  sont  d'un  genre  tout 
different  de  celles  des  autres  employes  des  affaires  etrangeres.  Elles 
exigent  une  foule  de  connaissances  pratiquees,  pour  lesquelles  une 
Education  particuliere  est  necessaire.     Les  Consuls  sont  dans  le  cas 


d'exercer,  dans  I'etendue  de  leur  arrondissement,  vis-a-vis  de  leur  com- 
patriotes,  les  fonctions  de  juge,  d'arbitres,  de  conciliateurs  ;  souvent  ils 
sont  officiers  de  I'etat  civil ;  ils  remplissent  Femploi  de  notaires  ;  quel- 
quefois  celui  d'  administrateurs  de  la  marine ;  ils  surveillent  et  consta- 
tent  I'etat  sanitaire.  Ce  sont  eux  qui,  par  leurs  relations  habituelles, 
peuvent  donner  une  idee  juste  et  complete  de  la  situation  du  com- 
merce, de  la  navigation,  et  de  I'industrie  particuliere  au  pays  de  leur 
residence." 

The  origin  of  the  appointment  of  a  Consul  has  been  briefly  men- 
tioned. I  do  not  conceive  further  information  on  this  point  to  be 
within  the  purpose  for  which  this  volume  is  intended. 

Particular  attention  is  respectfully  directed  to  the  Consular  Conven- 
tion between  France  and  the  United  States  ;  such  may  well  be  consi- 
dered likely  to  be  taken  as  a  precedent  for  future  treaties  on  the  same 
^  subject. 

The  Instructions  issued  by  the  Board  of  Trade  are  most  clear,  and 
justify  my  omitting  the  Merchant  Shipping  Act. 

The  Consular  jurisdiction  and  duties  in  the  Levant  and  China  have 
necessarily  occupied  many  pages.  They  are  of  so  much  consequence 
as  to  pi'eclude  a  closer  condensation.  They  require  careful  perusal; 
and  strict  attention  is  directed  to  the  onerous  duties  a  Consul  there 
is  required  to  perform. 

I  have  supplied  a  concise  view  of  the  Consiolar  privileges,  rank,  fees, 
and  salaries ;  the  latter  being  in  accordance  with  a  recent  statement 
made  by  Her  Majesty's  Government. 

In  the  Appendix  is  arranged,  in  Section  I.,  a  few  points  of  interna- 
tional and  maritime  law  and  insurance.  Sections  II.,  III.,  IV.,  and  V., 
the  Acts  of  Parliament  for  the  solemnization  of  marriages  abroad, 
administration  of  oaths  abroad,  that  relating  to  bills  of  lading,  and 
that  for  the  performance  of  quarantine.  Section  VI.,  Consular  Forms 
and  notarial  precedents,  which,  together  with  those  in  the  body  of  the 
work,  will,  I  hope,  prove  of  the  greatest  utility  to  the  Consul.  In 
Section  VII.  is  the  Foreign  Deserters  Act,  and  a  list  of  the  countries 
to  which  the  same  is  extended  by  Order  in  Council.  In  Section 
VIII.,  the  Commercial  Treaties  and  Conventions  concluded  between 
Great  Britain  and  foreign  countries.  As  the  latter  would  have,  if 
given  in  extenso,  formed  several  volumes  by  themselves,  they  have 
been  arranged  on  a  novel  plan — that  of  giving  a  formula  of  the 
several  clauses  contained  in  different  treaties  of  commerce,  numbered, 


to  wliicli  numbers  the  conventions  of  the  several  countries  are  re- 
ferred. This  consolidation  necessarily  occupied  much  time  and  labour^ 
and,  I  trust,  will  be  deemed  acceptable. 

A  comparative  statement  of  the  moneys,  weights,  and  measures 
of  foreign  countries,  with  those  of  Great  Britain,  will  be  found. 

I  have  to  request  my  readers  will  believe  that,  in  compiling  this 
book — and  producing  it  for  sale  at  so  moderate  a  price,  regard  being 
had  to  the  originality  of  its  purpose  and  effect — I  have  with  great 
reluctance  forborne  to  yield  to  the  tempting  opportunity  of  indulging 
in  making  many  remarks  which  might  be  considered  fairly  to  attach 
to  so  interesting  a  question,  and  appurtenant  whereto — as  much  as 
a  mDitary  or  naval  school  of  training  be  necessary  in  those  depart- 
ments respectively — it  might  be  wise  to  offer  the  suggestion  of 
educational  and  qualifying  institutions  being  at  once  established  for 
that  portion  of  the  public  service  to  which  this  Volume  relates. 

I  thank  most  sincerely  those  kind  friends  who  have  lent  me  their 
assistance  in  this  compilation. 

"  Whoever  thinks  a  faultless  piece  to  see, 
Thinks  what  ne'er  was,  nor  is,  nor  e'er  shall  be. 
In  every  work  regard  the  writer's  end. 
Since  none  can  compass  more  than  they  intend ; 
And  if  the  means  be  just,  the  conduct  true, 
Applause,  in  spite  of  trivial  faults,  is  due." — -Pope. 


E.  W.  A.  TUSON. 


Inner  Temple, 

January,  1 856. 


CONTENTS. 


CHAPTER  I. 


PAGKS 

The  Origiu  of  Consular  Institutions    .......         1 — 4 


CHAPTER  II. 
Ou  the  Qualifications  of  a  Consul 4 — 8 

CHAPTER  III. 
The  Duties  of  a  Consul  generally 8 — 121 

CHAPTER  IV. 

The  Consular  Duties  and  Jurisdiction  in  Turkey  and  the  Levant  122 — 176 

CHAPTER  V. 

The  Consular  Duties  and  Jurisdiction  in  China           .         ,         .  176 — 275 

CHAPTER  VI. 

Consular  Jurisdiction,  Privileges,  and  Immunities      ,         .         .  276 — 278 

CHAPTER  VII. 

Consvdar  Salaries,  Fees,  and  Rank       ......  278 — 303 

h 


CONTENTS. 


APPENDIX. 


SECTION  I. 

PAGES 

Vocabulary  of  International  and  Maritime  Law  and  Insurance  .  307 — 382 


SECTION  II. 

An  Act  for  facilitating  the  Marriage  of   British  Subjects  resi- 
dent in  Foreign  Couutiies       .......  383 — 391 


SECTION  III. 

An   Act   to   enable  British   Diplomatic   and   Consular   Agents 

abi'oad  to  administer  Oaths  and  do  Notarial  Acts    .         .         .  392—394 


SECTION  IV. 
An  Act  to  amend  the  Law  relating  to  Bills  of  Lading         .         .  394,  39.5 

SECTION  V. 

An  Act  to  repeal  the  several  Laws  relating  to  the  perfoi-mance 

of  Quarantine,  and  to  make  other  Provisions  in  lieu  thereof  .  396 — 418 

SECTION  VL 
Notarial  Precedents  and  Consular  Forms 419 — 490 

SECTION  VII. 

An  Act  to  enable  Her  Majesty  to  carry  into  effect  Arrangements 
made  with  Foreign  Powers  for  the  Apprehension  of  Seamen 
who  desert  from  their  Ships ;  and  List  of  Countries  the  same 
is  extended  to  by  Orders  in  Council         .....  491,  492 

SECTION  VIII. 

Treaties,  etc.,  between  Great  Britain  and  Foreign  Countries, 

and  Consular  Privileges  conferred  thereby       ....  493—547 


CONTENTS. 


SECTION  IX. 


PAGES 

Foreign  Weights  aud  Measures,  with  their  equivalents  in  English        548 — 560 


ADDENDA. 
Regulations  for  the  Naturalization  of  Aliens       ....  561 


LIST    OF    WORKS 

From  which  the  Author  lias  taken  opinions  in  the  present  Volume,  and 
with  which  a  Consul  should  he  acquainted. 


Abbot  on  Shipping.     London.    Ninth  Edition,  1854. 

Azuni. — "  Sistema  Universale  dei  Principj  del  diritto  Marittimo."     Florence, 

1796. 
Baldasseroni. — ^"Dizionario  di  Giurisprudenza  Marittima."     Livorno,  1811. 
Beaussant. — "  Code  Maritime."     Paris,  1840. 
Blackstone,  Stephens.     London,  1854. 

Borel. — "De  I'Origine  et  des  Fonctions  des  Consuls."     St.  Petersburg,  1807. 
Bursotti. — "Guide  des  Agents  Consulaires."     Naples,  1838. 
Bussy. — "  Dictionnaire  des  Consulats  de  France."     Paris,  1854. 
Bynkershoek. — "De  Lege  Rhodia,"  etc.,  etc.     Lug.  Bat.,  1703. 
Castillo. — "  Tratados,  convenios  y  Declaracionea  de  Paz  y  de  Commercio,"  etc. 

Madrid,  1843. 
Chitty. — "Ti'eatise  on  the  Law  of  Nations,  and  on  the  Trade  of  Neutrals." 

London,  1812. 
Clercq  (De). — "Guide  Pratique  des  Consulats."     Paris,  1851. 
"  Consolato  del  Mare."     Pisa. 
Cussy  (De). — "  Dictionnaire  du  Diplomat  et  du  Consul."     Leipzig,  1846. 

,,  — "Rfeglements  Consulaires  des  Principaux    Etats  Maritimes  de 

I'Europe  et  de  I'Am^rique."     Paris,  1851. 
Deane  (Dr.) — "  On  the  Law  of  Blockade."     London,  1855. 
Fynn. — "British  Consuls  Abroad."     London,  1846. 
Garden, — "Traite  de  Diplomatic."     Paris,  1833. 

Gorden. — "Digest  of  the  Laws  of  the  United  States."     Philadelphia,  1827. 
Green. — "On  the  Nature  and  Character  of  the  Consular  Service."     Loudon, 

1848. 


XIV  LIST    OP    WORKS. 

Groot  (Huig  de). — "De  Jure  Belli  ac  Pacis."     Paris,  1625. 

Gunther. — "  Volkerrecht."     Alteubourg,  1787. 

Hale  (Sir  Matthew). — "  A  Treatise  relative  to  the  Maritime  Law  of  England.'' 

London. 
Plauterive. — "  Conseils  a,  uu  Elfeve  du  Ministfere  des  Relations  Extt'rieures.'" 

Paris,  1811. 
Hauterive  (D')  et  De  Cussy. — "  Recueil  des  Traitfe  de  Commerce  et  de  la 

Navigation,"  etc.,  etc.     Paris,  1833. 
Hautefeuille. — "  Des  Droits  et  des  Devoirs  des  Nations  neutres  en  Temps  do 

Guerre  Maritime."     Paris,  1849. 
Hay  and  Mariot's  Reports.     London. 

Henshaw. — "A  Manual  for  United  States  Consuls."     New  York,  1849. 
Hertslet's  "Commercial  and  Slave  Trade  Treaties."     London,  1827,  1851. 
Hoffman's  "  Conseils  h.  de  Jeunes  Diplomates."     Paris,  1841. 
Holt  "  On  Shipping."     London. 

Hlibner. — "  Essai  sur  I'Histoire  du  Droit  uaturel."     London,  1758. 
Jochmus. — "  Handbuch  fiir  Consuln."     Dessau,  1852. 
Jouffroi. — "  Droit  des  gens  Maritime  Universel."     Berlin,  1806, 
Justiniani. — "  Pandect,"  etc.     R.  J.  Pothier.     Paris,  1818. 
Kauter. — ''Dissertatio  de  Juribus  Pereginnorum  in  Belgio."     Leyden,  1828. 
Kliiber  (J.  L.) — "  Droit  des  gens  modernes  de  I'Europe."     Paris,  1831. 
Laget  de  Podio. — "  De  la  Jurisdiction  des  Consuls  de  France  k  I'Eti'anger." 

Paris,  1826. 
Lampredi. — "  Du  Commerce  des  Neutres  en  Temps  de  Guerre."     Florence, 

1782. 
Legat.- — "  Code  des  Etraugers,"  etc.     Paris,  1849. 
Leibnitz. — "  Codex  Juris  Gentium  Diplomaticus."    Ghent,  1747. 
Letamendi. — "Tratodo  de  Jurisprudencia  Diplomatico  Consular."     Madrid, 

1843. 
Lesseps  (Fred.  de). — "  Notice  sur  I'Origine,  les  Attributions,  et  Ics  Privileges 

des  Consuls  Fran§ais  et  Espaguols."     Paris,  1842. 
Levi  (Leone). — "Manual  of  the  Mercantile  Law  of  Great  Britain."     London, 

1847. 
,,  — "  Commercial  Law."     London,  1851,  1852. 

Luchesi  Palli. — "Principj  della  Legge  Marittima."    Paris,  1842. 
Mascarenhas. — "Manual  dos  Consules."     Lisbon,  1822. 
Meissler. — "  Ebauche  d'uu  Discours  sur  les  Consuls."     Hamburg,  1751. 
Mensch. — "Manual  Pratique  du  Consulat."     Leipzig,  1846. 
Miltitz. — "  Manual  des  Consuls."     London  and  Berlin,  1837. 
Morcuil. —  "Manual   des  Agents  Consulau-es  Fran9ais  et  Etrangers."     Paris, 

1850. 
Maguone. — "  Manual   des  Officiers   Consulaires  Sardcs  et  Etrangers."     Mar- 
seilles, 1848. 
Martens. — "  Precis  du  Droit  des  Gens  Modernes  de  I'Europe,  foude  sur  les 

Ti-aite's  et  rUsage."     Paris,  1831. 


LIST    OF    WORKS.  XV 

Martens. — "  Guide  Diplomatique."     Paris,  1837. 

,^       _'«  Recueil  Mauuel  et  Pratique  de  Traitc^s,"  etc.    Leipzig,  1846, 1849. 
Masse. — "  Le  Droit  Commercial  dans  les  Rapports  avec  le  Droit  des  Gens 

et  Droit  Civil."     Paris,  1846. 
MaccuUoch. — "  Commercial  Dictionary."     London. 
Mackintosh.—"  Discourse  on  the  Study  of  the  Law  of  Nature  and  Nations." 

London,  1799. 
Neumann  (Dr.  Leo).—"  Handbuch  des  Consulatwesens."     Vienna,  1854. 
Ockey. — "  A  Concise  Digest  of  the  Laws,  etc.,  affecting  the  Civil  and  Com- 
mercial Intercourse  of  Subjects  of  Great  Britain  and  France."     Paris, 
1842. 
Oppenheim. — "  Dictionnaire  des  Consulats  de  France  en  Algier."    Erlangen, 

1854. 
Oleron,  Laws  of. 

Ortolan.—"  Rfegles  Internationales  du  Droit  dc  la  Mer."     Paris,  1845. 
Pardessus. — "  Cours  de  Droit  Commercitd."     Pai-is,  1852. 
Phillimore  (Robert). — "Commentaries  on  International  Law."     London,  1854. 
Pcelitz.—  "  Comment,  de  Mutationibus  quas  Systema  Juris  Naturpc  ac  Gentium, 

a  Grotii  temporibus  hue  usque,  expertum  fuerit."     Vittembuig,  1805. 
Portiez. —  "  Code  Diplomatique  de  la  Republique  Fran^aise."     Paris,  1802. 
Puffendorf. — "  De  Jure  Naturae  et  Gentium." 
Rayneval. — •"  De  la  Libert(5  des  Mers."     Paris,  1811. 
Ribiero  dos  Santos. — "  Traite  du  Consulat."     Hamburg,  18-39. 
Saint-Joseph. — "  Concoi'dances."     Paris,  1851. 

„  — "  Manuel  des  Droits  de  I'Etranger  en  Angleterre."    Paris,  1852. 

Schmalz. — "  Das  Europaische  Volkerrecht."     Berlin,  1817. 
Steck. — "  Essai  sur  les  Consuls."     Berhn,  1799. 
Steel's  "  Shipmaster's  Assistant."     Loudon. 
Stephens  (James). — "  Commentaries  on  the  Law  of   England   (Blackstone)." 

Loudon,  1854. 
Story. — "  On  the  Conflict  of  Laws,  etc.     Boston,  1846. 
Tangoigne. — "Le  Guide  des  Cancelliers."     Paris,  1847. 
Tetens. — "  Considi^rations  sur  les  Droits  R^ciproques  des  Puissances  Belli- 

g^rantes  et  des  Puissances  Neutres  sur  Mer."     Copenhagen,  1805. 
Ulich. — "  Les  Droits  des  Ambassadeurs  et  autres  Ministres  Publics."    Leipzig, 

1811. 
Valin. — "  Traite  des  Prises."     La  Rochelle,  1763. 

„     — "Commentaire  de  I'Ordonnance  de  la  Marine  du  mois  d'Aodt,  1681." 
La  RocheUe,  1760. 
Vattel. — "  Le  Droit  des  Gens."     Bruxelles,  1829. 
Vivo.  (Benaventura). — "  Tratado  Consular."     Mexico,  1850. 
Ward. — "  Inquiry  into  the  Foundation  and  History  of  the  Law  of  Nations." 

London,  1795. 
Warden. — "On  the   Origin,    Natui-e,    Progress,   and    Influence    of    Consular 
Establishments."     Paris,  1813. 


XVI  LIST    OF   WORKS. 

Wheaten. — "Elements  of  International  Law."     Loudon. 

Wheaton  (Heniy). — "  Histoire  des  Progrfes  du  Droit  des  Gens."    Leipzig,  1846. 

Wicquefoot. — "  L'Ambassadeur  et  sea  Fonctions."     Hague,  1689. 

Wenck. — "  Codex  Juris  Gentium."     Leipzig,  1795 

Wildman. — "  Institutes  of  International  Law."     Loudon,  1849. 

Wolf  (Christ.) — "  Institutiones  Juris  Naturaj  et  Gentium."     1750. 


THE 


BRITISH  CONSUL'S  MANUAL. 


CHAPTER   I. 

THE    ORIGIN    OF    CONSULA.R    INSTITUTIONS. 

"  Lc  temps  des  Ambassadeurs  est  JM,sse,  celui  des  Consuls  est  revenu," — 

M.  DE  Chateaubriand. 

THE  word  Consul,  derived  from  the  Latin  consulere,  to  counsel  and 
advise,  does  not  seem  to  have  been  employed  as  an  authoritative 
title  until  about  509  B.C.,  at  which  period  the  first  Consuls  elected  for 
the  Roman  republic  were  Lucius  Junius  Brutus  and  Tarquinius  Col- 
latinus,  who  were  nominated  every  year.  The  decree  appointing  them 
states  as  follows : — "  Consules  appellavit  pro  regibus  ut,  consulere 
se  civibus  suis  debere,  meminissent." 

During  the  existence  of  the  Roman  Empire,  the  title  and  authority 
of  Consul  appears  many  times  to  have  been  laid  aside,  and  fallen  into 
disuse.  In  the  reign  of  Julius  Caesar,  whose  ambition  led  him  to  discard 
it,  the  purple  of  the  emperor  was  elevated  therefrom;  and,  indeed,  in  the 
year  542,  in  the  reign  of  Justinian,  it  was  wholly  dropped.  From  this 
epoch  (although  this  appellation  was  sometimes  annexed  to  the  names 
of  favourite  ministers)  it  almost  entirely  remained  neglected  until  about 
the  year  1000,  when  we  find  this  title  among  the  chronicles  of  the  city 
of  Pisa,  whose  citizens  may  claim  the  first  merit  of  having  conferred 
the  same  upon  a  person  delegated  to  act  with  authority  for  the  pur- 
pose of  aiding  and  assisting  by  his  counsel  and  advice  the  mercantile 
community  of  his  country.  A  magistrate  so  appointed  was  called  a 
Consul,  and  Ave  have  a  direct  confirmation  of  this  fact  in  perusing 
the  statutes  of  this  city,  bearing  date  the  year  1169,  which  vest  in  them 
by  the  name  of  Consules  marinarioruin  et  mercatotum,  authority  to  judge 


^1 


•2  THE    ORIGIN    OF    CONSULAR    INSTITUTIONS. 

and  act  judicially  in  maritime  and  mercantile  causes,  as  also  to  give 
their  counsel  and  advice  in  such  cases  when  called  upon  to  do 
so.  It  was  also  their  duty  to  further,  by  every  means  in  their  power, 
the  maritime  and  commercial  interests  of  their  country.  The  fol- 
lowing states  adopted  like  institutions,  most  of  them  taking  the  one 
erected  by  the  Pisans  as  their  example  : 

Ensrland    ....     1215 


Trasi    . 

France 

Pistoja 

Messina 

Venice 


1063 
1085 
1107 
1145 
1179 


Modena  and  Lucca     1182 


Genoa 1250 

Barcelona       .     .     .  1279 

Hanseatic  States    .  1300 

Majorca     ....  1343 

Florence    ....  1421 


Rome 1534 

As  these  Consuls,  however,  were  only  magistrates,  authorized  to  act 
for  the  maritime  and  mercantile  interests  of  their  several  countries, 
in  the  harbours  of  such  states;  before  proceeding  to  consider  the  date 
and  authorities  which  deputed  them  to  reside  in  foreign  countries  for 
the  like  purpose,  we  will  take  into  consideration  the  early  institutions 
which  gave  rise  to  the  above  judiciaRnaritime  and  mercantile  authori- 
ties. In  doing  so,  we  must  direct  the  attention  of  our  readers  to  more 
ancient  epochs.  As  early  as  1300  B.C.  the  ancient  Egyptians  permitted 
maritime  cases  to  be  decided  by  the  high  priest,  in  a  particular  temple 
dedicated  to  the  gods  for  that  purpose.  In  the  years  526 — 579  B.C.,  the 
Carthaginians,  Phoenicians,  and  Tyrians  took  under  their  notice  the 
appointment  of  "  Judicium  mercatorium  et  maritimiim."  The  most  re- 
nowned, however,  among  the  ancient  mercantile  laws  is  the  celebrated 
Lex  Rhodia;  theGrecians  also  formedmanyandcelebrated  judicial  courts 
for  maritime  and  commercial  cases,  to  which  even  Demosthenes  gave 
his  utmost  attention,  and  the  Spartans  appointed  their  Proxene  for  the 
same  purpose.  Rome,  also,  under  the  Emperor  Justinian,  delegated 
persons  under  the  authority  of  his  celebrated  code  to  act  with  similar 
power.  These  institutions,  gradually  diffusing  themselves  among  all 
maritime  countries,  were  partly  lost  sight  of  during  the  terrible  con- 
flicts which  overran  the  Spartan,  Greek,  and  Roman  Empires,  and 
after  decaying,  and  being  revived  many  times,  began  to  manifest  a 
greater  probability  of  spreading  amongst  the  mercantile  community  of 
the  world. 

During  the  years  1000 — 1400,  there  were  many  laws  relating 
thereto  decreed  among  the  West  Goths  and  the  Italian  States,  viz., 
the  laws  of  Oleron,  Amalfi,  and  the  celebrated  Consnlato  del  Mare, 
which  latter,  according  to  Piantanida,  was  adopted  by  the  following 
countries :  • 


THE    ORIGIN    OF    CONSULAK    INSTITUTIONS. 


Rome   .     . 

.      in  1075 

Marseilles      . 

.      in  1162 

Acre     .     .     . 

•      „   1111 

Almoria    .     . 

■      „   1174 

Majorca    .     . 

.      „   1112 

Genoa       .     . 

.      „    1186 

Pisa      .     . 

.      „   1118 

Morea  .     .     . 

.      „   1203 

Venice  .     . 

.     .     in  1215 

These  mercantile  institutions,  of  which  the  temple  established  at 
Memphis  must  be  considered  the  first  stone  of  the  present  judicial 
authority  of  the  Consul — the  title  of  which  seems,  as  before  stated,  in 
the  minds  of  the  Pisans,  to  have  been  the  best  clothing  for  their  mercan- 
tile and  maritime  Judges,  as  giving  them  by  this  appellation  a  high 
standing,  and  fully  qualifying  them  for  such  a  post  in  the  eyes  of  the  peo- 
ple, by  the  signification  attached  to  their  name.  In  fact  the  high  autho- 
rity annexed  to  the  appellation  of  Consul,  connected  with  the  ancient 
tribunals,  from  whose  root  they  sprang,  fully  carries  out  in  all  its  bear- 
ings the  idea  of  a  Consul,  and  the  purposes  for  which  he  is  appointed. 
No  better  signification  could  have  been  found ;  the  title  of  Consul, 
derived  from  the  highest  authorities,  combined  with  the  most  ancient 
commercial  rights,  was  transmuted  into  one  name — a  name  renowned 
in  the  annals  of  history,  and  Avhich  may  in  time  not  only  prove  of  the 
first  advantage  to  the  state,  but  may  supersede  that  of  Ambassadors. 

The  first  Consuls  appointed  by  England  were,  Leonardo  Strozzi,  at 
Pisa,  in  1485;  Censio  de  Menesava  Lesques,  in  1522,  at  Candia;  and 
Benoit  Justianiani,  in  1531,  at  Scio.  Why  the  English  Government 
appointed  foreigners  instead  of  Englishmen,  will  be  taken  into  consi- 
deration in  the  case  of  Leonardo  Strozzi,  in  the  next  chapter. 

From  this  epoch  many  other  Consuls  were  nominated ;  and  the  Con- 
sular System  began  to  spread  from  year  to  year,  and  will  continue  to 
do  so  under  proper  management,  promoting  the  best  and  most  A'ital 
interests  of  the  country. 

It  would  scarcely  fall  under  our  present  object  to  enumerate  the 
Consular  service  of  other  coimtries  ;  but  we  cannot  lose  sight  of  that 
of  the  Hanseatic  League,  which  had  more  than  100  Consulates  in  dif- 
ferent parts  of  the  world,  was  the  most  extensive  of  the  age,  and  many 
wise  and  salutary  mercantile  laws  were  issvied  and  put  in  force  by  the 
magistracy  of  Lubeck. 

The  earliest  statutes  regulating  the  mercantile  and  maritime  law  of 
England,  after  the  signing  of  the  Magna  Charta,  were  those  of  the 
years  1283  and  1285  (11  Ed.  I.  Statute  of  Acton  Burnet,  and  15  Ed.  I. 
statute  3,  cap.  1),  in  which  special  attention  was  directed  to  the  mer- 
cantile community.  These,  however,  by  the  commotion  of  the  times 
were  not  attended  to ;  and,  in  fact,  became  almost  null  and  void. 
Several  treaties  were  also  concluded  about  this  time,  having  reference 


4  ON    THE    QUALIFICATIONS    OF    A    CONSUL. 

to  Consuls,  between  England  and  foreign  countries  ;  amongst  them 
we  must  place  those  of  the  reigns  of  Henry  IV.,  Edward  IV.,  and 
Henry  VIII. 

Since  this  epoch  the  commercial  intercourse  of  England  with  foreign 
countries  has  gone  on  increasing  both  by  treaty  and  otherwise ;  and 
which  has  become  the  great  forerunner  of  that  nation's  greatness. 

In  concluding  this  chapter,  we  can  only  regret  that  time  and  space 
will  not  permit  us  to  dwell  upon  the  ancient  commercial  institu- 
tions of  Venice,  Pisa,  and  many  others  of  which  Miltitz  so  ably 
treats. 


CHAPTER   II. 

ON   THE   QUALIFICATIONS   OF   A   CONSUL. 

IN  respect  to  the  qualifications  requisite  for  a  Consul,  we  must  take 
into  consideration  what  might  disqualify  him  from  occupying  such 
a  post  with  the  integrity  required  from  any  one  filling  that  office.  One  of 
the  two  most  important  disqualifications  would  be,  that  of  his  not  being 
a  subject  of  the  power  by  whom  he  is  appointed;  many  of  the  most 
learned  writers  on  the  subject  have  discoursed  most  emphatically  upon 
the  reasons  why  a  Consul  should  not  be  any  other  than  a  subject  of 
the  power  he  represents,  and  it  cannot  be  supposed  that  he  could  have 
the  interests  of  the  country  so  much  to  heart  as  were  he  a  subject  of 
the  State  he  was  nominated  by.  Borel  in  his  work  "  De  I'Origine  et  des 
Fonctions  des  Consuls,"  page  32,  ch.  iv.,  says,  "  Une  des  premieres 
qualites  d'un  Consiil,  c'est  de  ne  pasgtre  sujet  de  I'etat  oil  il  reside,  car 
il  n'aurait  pas  I'independence  necessaire  pour  exercer  les  fonctions  de 
sa  place  avec  cette  liberte  qui  convient  h  celui  qui  est  charge  des  affaires 
d'un  souverain.  II  ne  pent  recevoir  des  ordrcs  que  de  lui,  et  ne  doit 
#tre  comptable  qu'envers  lui  de  ses  actions.  Sans  cette  condition, 
Tadmission  d'un  Consul  dans  un  etat  est  presque  vaine  et  illusoire." 

It  is  unnecessary  to  recite  the  numerous  opinions  which  have  been 
passed  on  this  subject,  and  we  can  only,  in  quoting  that  of  Vattel, 
leave  to  the  judgment  and  conscience  of  any  upright-minded  man, 
whether  it  can  be  supposed  that  one  of  another  race  could  represent 
the  interests  of  a  neighbouring  one,  with  credit,  or  for  the  welfare  of 
such  race,  as  one  of  its  kindred. 

"  Les  fonctions  exigent  premierement,  qu'il  ne  soit  point  sujet  de 
I'etat  ou  il  reside,  car  il  serait  oblige  d'en  suivre  les  oi'dres  en  toutes 
choses,  et  n'aurait  pas  la  liberte  de  faire  les  fonctions  de  sa  charge." 
raiicl,  1.  2,  e.  2,  §  34. 


ON    THE   QUALIFICATIONS    OF    A    CONSUL.  5 

The  other  most  important  disqualification  for  a  Consul  is,  his 
engaging  in  commercial  pursuits;  and  it  is  impossible  that  any  one 
so  occupied  can  fulfil  the  important  duties  he  has  to  discharge.  The 
highest  authorities  have  disclaimed  the  idea  of  a  Consul  exercising 
his  functions  when  he  is  so  engaged.  Pardessus,  Martens,  and  others 
follow  on  the  subject;  and  it  is  only  a  matter  of  regret  that  the 
British  Government  have,  since  1832,  allowed  many  important  con- 
sular representatives  to  trade,  which  is  neither  compatible  with  the 
dignity  of  their  office,  nor  hinges  with  their  consular  duties.  Warden 
justly  Avrites  : — "  To  be  useful  to  his  country  in  arts,  sciences,  and 
manufactures  a  Consul  must  have  no  commercial  engagements.  Ser- 
vices of  this  kind  cannot  be  expected  from  him,  as  they  cannot  be 
performed  by  him,  whose  mind  is  absorbed  in  the  pursuits  of  gain.  If 
he  have  not  a  regular  salary,  and  be  obliged  to  seek  support  as  a  mer- 
chant or  factor,  his  eye  must  be  constantly  directed  to  his  private 
advantage  ;  and  in  this  position  he  insensibly  adopts  the  doctrine  of 
the  trader  :  '  Every  man  for  hiinself,  and  God  Almighty  for  us  all.'  " 

De  Cussy  draws  a  conclusion  to  the  same  effect;  he  says,  that 
Consuls  ought  to  be  "  sujets  du  prince  qui  les  institue,  et  qu'ils  ne 
soient  jamais  pris  parmi  les  negociants  etablis  dans  la  locality  ovl  Us 
doivent  exercer  leur  charge." — Section  iii.,  §  1,  p.  62.  After  quoting 
many  learned  opinions  on  this  head,  he  comes  to  the  following  con- 
clusion : — "  Un  Consul  ne  doit  pas  etre  negociant." — Sect,  iii.,  same 
chapter. 

Borel  has  a  very  good  opinion  on  the  subject;  he  writes: — "  Le 
Consul  ne  doit  pas  faire  le  commerce,  car  ses  fonctions  se  trouvent 
souvent  incompatibles  avec  I'etat  de  negociant.  Assujet6  alors  aux 
lois  du  pays  pour  ses  affaires  particulieres,  non  seulement  il  ne  doit  pas 
pretendre  a  la  jouissance  du  droit  des  gens,  mais  il  s'expose  au  danger 
de  compromettre  la  dignite  de  son  souverain,  en  cas  de  faillites  et  dans 
les  autres  evenements  facheux  que  les  chances  du  commerce  entrainent 
a  leur  suite." 

Professor  Newman,  of  Vienna,  who  has  recently  published  a  work 
on  the  Consular  Service,  in  regretting  that  his  Government  has  not 
followed  these  principles,  writes  as  follows  : — "  Der  Consul  soil  nicht 
zugleich  Kaufmann  sein,  denn  seine  Fimctionen  sind  sehr  haufig,  um 
nicht  zu  sagen  in  der  Kegel  und  dem  Wesen  nach,  mit  der  Beschaftigimg 
des  Kaufmanns  unvereinbar.  Als  Kaufmann  dem  Landesgesetzen  un- 
terworfen  kann  er  auf  Behandlung  nach  Volkenrecht  keinen  Anspruch 
machen,  setzt  er  die  Wiirde  des  ihn  bestellenden  Souverans,  die  ihm 
anvertrauten  Interessen  der  Unterthanen  dieser  Souverans  mannig- 
facher  Gefahrdungen  und  Verlegenheiten  aus." 

Having  thus  taken  i^to  consideration  the  two  most  important  things 


6  ON   THa^tfltll  FiCATIONS   OF   A    CONSUL. 

•which  would  become  ui--)".-^  ^fications  for  a  Consul,  we  must  recite  the 
qualifications  required  for  a  person  to  fill  that  post.  In  doing  so,  we 
will  briefly  refer  to  the  motives  which  may  have  induced  Richard  III. 
to  appoint  Leonardo  Strozzi  (1485)  in  preference  to  an  Englishman. 
The  decree  by  which  he  was  nominated,  in  Thom.  Rymer,  Feed, 
et  Act.  R.  Angl.  T.  5.,  p.  164,  is  as  follows  :  "  Volentes  ipsorum 
quieti  et  utilitati  quantum  possumus  providere,  ac  per  experimenta 
aliarum  nationum  pro  certo  scientes  oportere  inter  eos  aliquem 
magistratum  peculiarem  erigi  et  creari,  cujus  judicio  et  definitioni 
lites  et  contentiones,  qvias  inter  ipsos  subditos  nostros  mercatores 
seu  alios,  dum  in  illis  partibus  moram  traxerint  suboriri  contigerit, 
submitti  dabeant — ipsum,  Laurentium  Strozzi  prseficimus  et  ordi- 
namus  Consulem  et  Pra;sidentem,  super  factis  omnium  et  singola- 
rum  subditorum  nostrorum,  ad  dictam  civitatem  partesque  iUic  ut 
praemittitur  adjacentes  confluentium,"  etc. 

There  could  have  been  no  other  motive  for  this  appointment,  than 
that  a  person  should  be  delegc.ted  Consul  who,  byliis  knowledge  of 
the  language,  mercantile  and  maritime  law  of  the  country  he  resided 
in,  was  by  these  qualifications  competent  and  able  to  protect  with 
greater  power  the  commercial  interests  of  England.  The  inference, 
however,  must  not  be  drawn  from  this,  that  an  Englishman  would  not 
have  been  much  more  preferable ;  but  the  ignorance  of  the  age  did 
not  afford  an  opportunity  of  nominating  a  person  having  a  requisite 
knowledge  of  the  Italian  language.  It  may  be  argued,  what  utility 
could  any  one  only  speaking  that  living  language  be  to  the  English 
merchants  trading  to  Pisa?  The  sole  and  conclusive  argument  is, 
that  from  the  knowledge  the  Roman  Catholics  had  of  Latin  (of  which 
the  Strozzi  famUy  were  accomplished  scholars),  there  cannot  be  a  doubt 
but  that  he  communicated  with  the  English  traders  in  that  tongue. 
Be  it  as  it  may,  Richard  III.  no  doubt  took  into  consideration  the 
fact,  that,  although  Leonardo  Strozzi  might  not  have  been  able  to 
understand  fluently  the  language  of  the  English,  still  he  was  enabled 
to  comprehend  what  they  required,  and,  by  his  knowledge  of  the 
customs,  law,  and  dialect  of  the  country  he  was  domiciled  in,  was 
competent  to  promote  their  best  interests.  This  argument  is  only 
adduced  to  show  the  necessity  of  one  of  the  first  qualifications  of  a 
Consul  being  a  fluent  knowledge  of  the  dialect  of  the  country  he  is 
sent  to,  as  also  an  acquaintance  with  their  manners  and  customs. 
This  is  the  piimd  facie  qualification  of  a  Consul ;  and  although  the 
doctrine  may  be  put  forth,  that  almost  every  nation  now  has  Ministers 
who  correspond  in  the  French  language,  still  there  are  a  very  great 
number  of  important  notifications  which  are  invariably  published  in 
the  native  language,  and  it  may  be  some  days,  nay  months,  before 


ON    THE    QUALIFICATIONS    OF    A    CONSUL.  7 

they  are  made  known  to  the  Consul,  and,  if  so,  are  rarely  communi- 
cated to  him  in  the  French  tongue.  Of  what  use,  therefore,  is  a 
Consul  who  is  not  perfectly  conversant  with  the  language  of  the 
country  he' is  sent  to?  And  yet,  in  spite  of  all  this,  in  order  to 
strengthen  the  executive  Government,  Consular  appointments  were 
given  away  to  persons  who  were  neither  acquainted  with  the  language 
paramountly  necessary  for  their  mission,  nor  had  any  knowledge  of  the 
laws  or  customs  of  the  country  they  were  sent  to.  _ 

The  next  qualification  is,  an  insight  into  the  laws  of  the  country  to 
which  he  is  nominated.* 

The  next,  and  perhaps  not  less  important  qualification  of  a  Consul, 
is,  a  thorough  knowledge  of  the  law  of  nations,  and  of  the  maritime 
and  mercantile  laws  of  his  own  country,  as  well  as  of  those  others  he 
may  be  called  to  adjudicate  iipon  in  his  official  capacity.  As  these 
however,  are  very  numerous,  we  have  endeavoured  to  arrange  in  an 
Appendix  the  most  important  of  these  points,  in  alphabetical  order. 
We  have  also  annexed  the  Foreign  Deserters'  Act,  and  a  list  of  the 
countries  the  same  is  extended  to  by  Order  in  Council,  for  the  purpose 
of  the  British  Consul  knowing  in  what  state  he  has  a  right  to  demand 
the  arrest  of  deserters  from  British  merchant  vessels  ;  the  Act  for  the 
Solemnization  of  Marriages  Abroad,  all  notarial  and  other  forms  a  Con- 
sul may  require,  and  many  other  Acts  and  information  are  appended. 

Lastly  and  not  least,  a  Consul  should  be  able  to  command  himself, 
so  as  to  have  neither  prejudice  nor  leaning  on  any  side,  in  settling  the 
important  disputes  he  may  be  called  to  adjudicate  iipon;  that  with  a 
just  observance  of  law  and  right,  he  may  be  able  to  decide  every  case 
with  a  verdict  founded  upon  justice  and  equity. 

In  fact,  to  sum  up  all  required  of  him  in  a  single  quotation,  we 

*  The  following  are  the  official  papers  of  each  state  in  which  governmental 
notifications  are  made : 

America   New  York  Herald. 

Austria Wiener  Zeitung,  Austria. 

Bavaria Miinchener  Politische  Zeitung. 

Belgium    Moniteur  Beige. 

England  London  Gazette — Acts  of  Parliament. 

France Monitem*. 

•   Hanseatic  States Lubekische  Zeitung. 

Holland  . .  Nederlandische  Staatscourant. 

Naples  (Two  Sicilies)...  Giornale  del  Regno  delle  due  Sicilie. 

Portugal  Diario  do  Goveruo. 

Prussia  Allgemeine  Preussische  Zeitung. 

Russia Journal  de  St.  Petersburg. 

Sardinia   Gazetta  Piedmontese. 

Spain Gaceta  de  Madi-id. 

Sweden,  Norway  Stockholm  Aftonbladet. 

Turkey  Journal  de  Constantinople. 


8  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

must  recite  the  Oratio  in  Pisonem  : — "  Animo  consulem  esse  oportet, 
consilio,  fide,  gi-avitate,  vigilantly,  curS,  toto  denique  munere  consii- 
latds  omni  officio  tuendo,  maximeque  id  quod  vis  nominis  praescribit 
reipublicse  consulendo." 


,     CHAPTER   III. 

THE    DUTIES    OF    A    CONSUL    GENERALLY. 

IT  is  almost  impossible  to  define  the  duties  of  a  Consul,  so  numerous 
are  they,  that  the  only  knowledge  which  might  at  all  aid  him  in  the 
greatest  portion  of  them,  would  be  a  cognoscence  of  mercantile  pur- 
suits and  usages,  thereby  being  able  to  further  the  mercantile  interests 
of  his  country  in  every  way.  The  Consular  appointment  is  in  the  sole 
gift  of  the  Secretary  of  State  for  Foreign  Affairs.  It  may  be  hardly 
necessary  to  state  that  the  primtim  offlcium  of  a  Consul  is  to  transmit  his 
appointment  to  the  highest  authorities  of  the  land,  either  through  his 
Ambassador,  or,  in  his  absence,  through  the  Consul-General,  or  in  his 
absence,  direct  through  the  Foreign  Secretary  of  the  country  he  is 
nominated  to.  Upon  this,  if  his  credentials  be  in  order,  an  Exequatur 
or  a  decree  acknowledging  him  as  Consid  is  issued  and  promulgated  in 
the  official  journal  of  the  state  ;  but  commvmicated  to  the  Consul 
through  the  same  source  in  which  his  appointment  has  been  notified. 
Upon  receiving  this  authority,  he  is  duly  avithorised  as  Consul  for  the 
country  he  is  sent  by. 

The  most  important  of  his  duties  consist  in  his  being  present,  if 
possible,  at  the  shipwreck  of  any  of  his  countrymen's  vessels,  and  in 
seeing  that  the  abuses  and  plunder  on  wrecked  ships,  which  generally 
occur,  are  not  permitted.  In  commercial  disputes  he  is  also,  when 
called  upon,  bound  to  exercise  his  knowledge  in  settling  them  with 
that  justice  which  invariably  characterises  a  British  tribunal.  Should 
these  disputes  arise  between  the  authorities  of  the  country,  it  is  not  his 
duty  lo  forward  the  grievances  direct  to  the  Government,  but  he  must 
claim  restitution  through  his  Ambassador,  or  Consul-General ;  or,  in 
their  absence,  he  may  then  do  so  direct,  without  the  case  be  of  such 
importance  as  to  demand  previously  a  reference  to  his  own  Govern- 
ment. It  is  his  duty  to  attend  to  all  suggestions  and  claims  made  by 
his  countrymen,  and  if  he  considers  them  founded  upon  justice  and 
equity,  to  further  them  to  the  utmost  of  his  power.  The  Consul,  how- 
ever, must  be  careful  that  these  claims  are  not  contrary  to  the  law  of 
the  land  in  which  he  resides,  as  it  would  be  extremely  impolitic  to 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  9 

urge  any  claim  against  such  law,  however  much  right  may  be  on  the 
side  of  the  claimant,  as  he  would  not  be  justified  in  furthering  that  claim 
without  direct  instructions  from  his  Government,  or  without  he  was 
certain  of  their  support,  for  it  only  tends  to  weaken  his  authority  to 
do  so. 

The  Consul  ought  also  to  make  his  Government  and  countrymen 
acquainted  with  all  notices  relating  to  the  allowance  or  non-allowance 
of  the  importation  or  exportation  of  any  articles,  as  well  as  of  the 
erection  of  lighthouses  and  beacons,  and  the  laying  down  of  buoys, 
etc. 

In  the  absence  of  the  Ambassador  or  the  Consul-General,  he  has  a 
right  to  demand  an  audience  of,  or  address  in  writing,  the  Minister  of 
Foreign  Affairs,  should  he  have  any  important  case  which  requires  it. 
In  cases  of  offences  committed  on  the  high  seas,  the  authorities  of  the 
country  cannot  interfere,  but  the  Consul  must,  according  to  the  enor- 
mity of  the  crime,  send  the  prisoner  either  to  the  nearest  British 
station  in  serious  cases,  together  with  the  witnesses,  or  in  minor  ones, 
punish  the  offender  summarily.  It  may  be  as  well  to  state  that  it  is 
an  acknowledged  right,  founded  upon  international  law,  that  all  offences 
against  the  marine  laws  of  the  country  committed  on  board  any  vessel 
belonging  to  such  nation,  when  in  a  foreign  port,  are  considered  crimes 
against  the  law  of  the  country  to  which  the  ship  belongs ;  as  the 
vessel's  deck  is  considered  the  territory  of  the  country  she  apper- 
tains to.  This  will  not,  however,  hold  good  in  the  case  of  offences 
against  persons  belonging  to  the  state  in  whose  harbour  the  vessel 
happens  to  be  anchored,  as  then  it  assumes  quite  a  different  aspect,  for 
it  becomes  one  against  the  law  of  that  land,  and  can  be  punished 
accordingly.  It  is  also  the  Consul's  duty  to  make  a  survey  of  the 
provisions  of  a  vessel  on  complaint  thereof  from  two  or  more  of  the 
crew,  and  if  he  finds  they  are  insufficient,  or  bad,  to  notify  to  the 
captain  in  writing  that  the  grievance  must  be  remedied.  All  matters 
relating  to  manufactures,  arts,  sciences,  commerce,  and  navigation,  it 
is  his  duty  to  make  his  Government  acquainted  with.  These,  of 
course,  include  all  new  inventions  in  agricultural  implements,  steam 
navigation,  etc. ;  he  must  also  give  notice  of,  and  carefully  watch,  if 
any  privateers  or  armed  enterprises  are  fitted  out,  as  these  may  be  of 
the  utmost  consequence  to  the  mercantile  interests  of  his  country. 
He  will  have  to  take  affidavits,  and  solemnise  marriages  :  it  is  further 
requisite  that  he  should  be  acquainted  with  all  treaties  which  may 
have  been  entered  into  by  his  country  with  other  nations,  and  for  this 
purpose  we  have  annexed  a  list  of  all  such  treaties. 

He  has  a  right  to  issue  passports,  under  such  restrictions  as  the 
Foreign  Office  may  decree  ;  to  extend  protests,  powers  of  attorney,  and 


10  THE   DUTIES   OF   A   CONSUL   GENERALLY. 

do  all  other  notarial  acts.     On  all  these  heads  we  have  treated  in  the 
Appendix. 

The  Consular  jurisdiction  in  the  Levant,  and  in  China,  however,  re- 
quire special  chapters,  as  they  are  much  more  complicated,  and  more 
perfect  as  regards  Consular  authority.  The  most  complete  Consular 
convention  ever  concluded,  relating  to  the  duties  of  Consuls,  was  that 
between  France  and  the  United  States,  and  followed  up  by  one  between 
the  latter  and  Holland.  As  the  rules  laid  down  therein  are  very  ex- 
plicit, and  ought  to  be  taken  as  an  example  by  all  other  nations,  we 
give  the  treaty  in  exteiiso—as  it  will  be  of  great  utility  to  all  Consuls, 
by  showing  them  what  their  duties  may  be,  and,  in  fact,  are  most  likely 
to  become  ;  for  we  cannot  but  think  that  every  nation  will  follow  the 
example  of  the  Consular  system  of  France  ;  and  we  are  only  astonished 
that  England  ere  this  has  not  entered  into  a  similar  treaty. 

"  Convention  Consulaire    conclue    entre  la  France  et  les 
Etats  Unis  de  1'Amerique. 

"  Napoleon,  par  la  grace  de  Dieu  et  la  volonte  nationale,  Empereur 
des  Frangais,  a  tous  presens  et  a  venir,  salut. 

"  Sur  le  rapport  de  notre  ministre  Secretaire  d'£tat  au  Departement 
des  Affaires  Etrangeres,  avons  decrete  et  decretons  ce  qui  suit : 

''Article  ler. — La  convention  conclue,  le  23  Fevrier,  1833,  entre  la 
France  et  les  Etats  Unis  d'Amerique,  pour  regler  les  droits,  privileges, 
et  immunites  consulaires  dans  les  deux  pays,  ayant  ete  reciproquement 
ratifiee,  et  les  actes  de  ratification  ayant  ete  echanges  le  11  du  mois 
d'Aout  de  la  meme  annee,  ladite  convention,  dont  la  teneur  suit, 
recevra  sa  pleine  et  entiere  execution. 

convention. 

"  Sa  Majeste  I'Empereur  des  Frangais  et  le  President  des  Etats  Unis 
d'Amerique,  egalement  desireux  de  resserrer  les  liens  d'amitie  entre  les 
deux  nations,  et  d'assurer  aux  relations  de  commerce  etablies  entre 
elles  un  nouveau  et  plus  ample  developpement,  ont  juge  a  propos  pour 
atteindre  ce  but,  de  conclure  une  convention  speciale  qui  determinat 
d'une  maniere  precise  et  leciproque  les  di-oits,  privileges,  et  devoirs 
des  Consuls  des  deux  pays.  A  cet  effet,  ils  ont  nomme  :  Sa  Majeste 
I'Empereur  des  Francais,  M,  le  Comte  de  Sartiges,  Commandeur  de 
I'ordre  imperial  de  la  Legion  d'Honneur,  et  son  Envoye  Extraordinaire 
et  Ministre  plenipotentiaire  a  Washington. 

"  Le  President  des  Etats  Unis,  I'honorable  M.  Edouard  Everett, 
Secretaire  d'Etat  des  Etats  Unis. 

"  Lesquels,  apres  s'etre  communique  leiu'S  pleins  pouvoirs,  trouves  en 
bonne  et  due  forme,  sont  convenus  des  articles  suivants  : 

"Article  ler. — Les  Consuls-Generaux,  Consuls,  et  Vice-Consuls,  ou 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  11 

Agents  Consulaires,  nommes  par  la  France  et  les  Etats  Unis,  serout 
reciproquement  admis  et  reconnus,  en  presentant  leurs  provisions  sous 
la  forme  etablie  dans  les  pays  respectifs.  On  leur  delivrera,  sans  aucnns 
frais,  I'exequatur  necessaire  a  I'exercice  de  leurs  fonctions,  et  sur 
I'exliibition  de  cet  exequatur,  les  autorites  territoriales,  federales,  ou 
d'Etat,  judiciaires  et  administratives  des  ports,  villes,  et  lieux  de  leur 
residence  et  arrondissement  consulaire,  les  y  feront  jouir,  aussitot  et 
sans  difficulte,  des  prerogatives  accordees  reciproquement.  Le  gou- 
vernement  qui  accorde  I'exequatur  aura  la  faculte  de  le  retirer,  en 
indiquant  les  motifs  pour  lesquels  il  juge  convenable  de  le  faire. 

"  Art.  2. — Les  Consuls-Generaux,  Consuls,  et  Vice-Consuls,  ou  Agents 
Consulaires  Frangais  et  des  Etats  Unis,  jouiront  dans  les  deux  pays, 
les  privileges  generalement  attribues  a  leurs  fonctions,  tels  que  I'im- 
munite  personnelle,  hormis  le  cas  de  crime,  I'exemption  des  logemens 
militaires,  du  service  de  la  milice  ou  de  la  garde  nationale,  et  autres 
charges  de  meme  nature,  et  celle  de  toutes  les  contributions  directes  et 
personnelles,  feder.-iles,  d'Etat,  ou  municipales;  si  toutefois  lesdits 
Consuls-Generaux,  Consuls,  Vice-Consuls,  ou  Agents  Consulaires  etaient 
citoyens  du  pays  de  leur  residence,  s'ils  y  etaient  ou  y  devenaient  pro- 
prietaires,  ou  qvi'ils  y  fissent  le  commerce,  ils  seraient  soumis  sous  le 
benefice  du  traitement  accorde  aux  agents  commerciaux,  a  la  meme 
jurisdiction  que  les  autres  citoyens  du  pays,  proprietaires  ou  commer- 
§ants,  et  aux  memes  taxes  et  impositions  que  ceux-ci.  lis  pourront 
placer,  au-dessus  de  la  porte  exterieure  de  leurs  chancelleries  ou  de 
leurs  maisons  d'habitation,  un  tableau  aux  armes  de  leur  nation,  avec 
une  inscription  portant  ces  mots  :  Consul  de  France,  ou  Consul  des 
Etats  Unis  ;  ils  pourront  aussi  y  arborer  le  drapeau  de  leur  pays. 

"  lis  ne  pourront  jamais  Stre  contraints  h  comparaitre  comme 
temoins  devant  les  tribunaux.  Quand  la  justice  du  pays  aura  quelque 
declaration  juridique  ou  deposition  a  recevoir  d'eux,  elle  les  invitera 
par  ecrit  ^  se  presenter  devant  elle,  et,  en  cas  d'empechement,  elle 
devra  leur  demander  leur  temoignage  par  ecrit,  ou  se  transporter  a 
leur  domicile,  pour  I'obtenir  de  vive  voix. 

"  Les  Eleves-Consuls  jouiront  des  mdraes  privileges  et  immunites 
personnelles  que  les  Consuls-G6n6raux,  Consuls,  Vice-Consuls,  ou 
Agents  Consulaires. 

"  En  cas  de  d6ces,  d'empechement,  ou  d'abseuce  de  ces  derniers,  leurs 
Eleves-  Consids,  Chanceliers,  et  Secretaires  seront  de  plein  droit  admis 
k  gerer,  par  interim,  les  affaires  des  postes  respectifs,  et  jouiront 
pendant  la  dur^e  de  cette  gestion  inteiimaire,  des  prerogatives  ac- 
cordees aux  titulaires. 

"  Art.  3.  Les  chancelleries  et  habitations  consulaires  seront  invio- 
lables  :  les  autorites  locales  ue  peuvent  les  envahir  sous  aucun  pretexte, 


12  THE   DUTIES    OF   A   CONSUL   GENERALLY. 

et  ne  pourront  en  aucun  cas  visiter  ni  saisir  les  papiers  qui  y  seront 
renfermes.     EUes  ne  sauraient  dans  aiicun  cas  servir  de  lieux  d'asile. 

"  Art.  4.  Les  Consiils-Generaux,  Consuls,  Vice-Consuls,  ou  Agents 
Consiilaires  de  I'un  et  I'autre  pays  auront  le  droit  de  s'adresser  aux 
autorites  locales,  territoriales,  ou  federales,  judiciaires  et  administra- 
tives,  dans  toute  r6tendue  de  leur  arrondissement  consulaire,  pour 
r6clamer  contre  toute  infraction  aux  traites  ou  conventions  existant 
entre  la  France  et  les  £tats  Unis,  et  pour  proteger  officieusement  les 
droits  et  les  int^rgts  de  leur  nationaux,  notamment  en  cas  d'absence  ; 
a  defaut  d'agents  tliplomatiques  de  leur  nation,  ils  seront  au  besoin, 
autorises  a  recourir  au  gouvernement  general  ou  federal  du  pays  dans 
lequel  ils  exercent  leur  fonctions. 

"  Art.  5.  Les  Consuls-Ggneraux  et  Consuls  respectifs  seront  libres 
d'§tablir,  dans  tels  lieux  de  leur  arrondissement  ou  ils  le  jugeront 
utile,  des  Vice-Consuls  ou  Agents  Consulaires  qui  pourront  etre  choisis 
indistinctement  parmi  les  Frangais,  les  Americains  des  Etats  Unis,  ou 
les  citoyens  des  autres  pays.  Ces  agents,  dont  la  nomination  sera 
soumise,  bien  entendu,  h  I'approbation  des  gouvernements  respectifs, 
seront  munis  d'un  brevet  delivre  par  le  Consul  qui  les  aura  institues 
et  sous  les  ordres  duquel  ils  agiront. 

"  Art  6. — Les  Consuls-Gen6raux,  Consuls,  Vice-Consuls,  ou  Agents 
Consulaires  auront  le  droit  de  recevoir  daus  leurs  chancelleries  ou 
bureaux,  au  domicile  des  parties  ou  a  bord  des  batiments,  les  decla- 
rations des  capitaines,  equipages,  passagers,  negociants,  ou  citoyens  de 
leur  pays  et  tous  les  actes  qu'ils  voudront  y  passer. 

"  Les  Consiils-G^neraux,  Consuls,  Vice-Consuls,  ou  Agents  Consu- 
laires respectifs  auront  en  outre,  le  droit  de  recevoir,  conformement  aux 
lois  et  reglements  de  leur  pays,  dans  leurs  chancelleries  ou  bureaux, 
tous  actes  conventionnels  passes  entre  les  citoyens  de  leur  pays  et  des 
citoyens  ou  habitans  du  pays  ou  ils  resident,  et  meme  tous  actes  de  ces 
derniers,  pourvu  que  ces  actes  aient  rapport  a  des  biens  situes  ou  a 
des  affaires  a  traiter  sur  le  territoire  de  la  nation  a  laquelle  appar- 
tiendra  le  Consul  ou  I'Agent  devant  lequel  ils  seront  passes.  Les 
expeditions  desdits  actes  dument  legalises  par  les  Consuls-Generaux, 
Consuls,  Vice-Consuls,  ou  Agents  Consulaires,  et  munies  du  cachet 
officiel  de  leur  Consulat  ou  Agence  Consulaire,  feront  foi  en  justice 
dans  tous  les  tribunaux  de  France,  et  des  Etats  Unis,  comme  le 
feraient  les  originaux  eux-memes." 

•'Art.  7.— Dans  tous  les  Etats  de  I'Union  ou  les  lois  actuelles  le 
permettent,  aussi  longtemps  que  les  dites  lois  resteront  en  vigueur 
et  avec  la  mgme  portee,  les  FranQais  jouiront  du  droit  de  posseder  des 
biens  meubles  et  immeubles,  au  mgme  titre  et  de  la  mgme  maniere 
que  les  citoyens  des  Etats  Unis :   Us  pourront  en  disposer  librement 


THE  DUTIES  OP  A  CONSUL  GENERALLY.  13 

et  sans  reserve  a  titre  gratuit  ou  onereux,  par  donation,  testament,  ou 
autrement,  comme  les  liabitans  eiix-memes  et  ne  seront  dans  aucun 
cas  soiimis  a  des  droits  de  mutation,  de  succession,  ou  autres  difFerents 
de  ceux  payes  par  ces  derniers,  ou  a  des  taxes  qui  ne  leur  seraient  pas 
^galement  imposees. 

"  Quant  aux  Etats  de  I'Union  dont  la  legislation  actuelle  ne  permet 
pas  aux  etrangers  de  posseder  des  biens  immeubles,  le  President 
s'engage,  a  leur  recommander  de  passer  les  lois  necessaires  pour 
leur  conferer  le  droit. 

"  De  m6me  et  en  reservant  toutefois  la  faculte  d'appliquer  ulterieure- 
ment  la  reciprocite  en  matiere  de  possession  et  de  succession,  le 
Gouvernement  Fraugais  reconnait  aux  citoyens,  des  Etats  Unis  le  droit 
de  jouir  en  France,  en  matiere  de  propriete  mobiliere,  immobiliere, 
et  de  succession,  du  traitement  identique  dont  jomssent  en  France, 
en  pareille  maniere  les  citoyens  Frangais. 

"  Art.  8. — Les  Consuls-Generaiix,  Consuls,  Vice-Consuls,  ou  Agents 
Consulaires  respectifs  seront  exclusivement  charges  de  I'ordre  interieur 
a  bord  des  navires  de  commerce  de  leur  nation,  et  connaitront  seuls  de 
tous  les  diiferends  qui  se  seront  eleves  en  mer  ou  s'eleveront  dans  les 
ports,  entre  le  capitaine,  les  officiers,  et  les  bommes  inscrits  sur  le 
role  d'^quipage,  a  quelque  titre  que  ce  soit,  particulierement  pour  le 
reglement  des  salaires,  et  I'execution  des  engagements  reciproquement 
consentis.  Les  autorites  locales  ne  pourront  s'immiscer,  a  aucun  titre, 
dans  ces  difierends,  et  devront  preter  main  forte  aux  Consuls,  lorsqu'ils 
la  requeriront,  pour  faire  arreter  et  conduire  en  prison  ceux  des  indi- 
vidus  iascrits  sur  le  role  dequipage,  a  quelque  titre  que  ce  soit,  qu'ils 
jugeront  a  propos  d'y  envoyer.  Ces  individus  seront  arret6s  sur  la  seule 
demande  des  Consuls  adressee  par  ecrit  a  I'autorite  locale  et  appuyee 
d'un  extrait  officiel  du  registre  de  bord  ou  role  d'equipage,  et  seront 
tenus  pendant  tout  le  temps  de  leur  sejour  dans  le  port,  a  la  disposi- 
tion des  Consuls.  Leur  mise  en  liberte  s'effectuera  sur  une  simple 
demande  des  Consuls  faite  par  ecrit.  Les  frais  occasiones  par  I'arres- 
tation  et  la  detention  de  ces  individus  seront  payes  par  les  Consuls. 

"  Art.  9. — Les  Consuls-Gen6raux,  Consuls,  Vice-Consuls,  ou  Agents 
Consulaires  respectifs  pourront  faire  arreter  les  oflBciers,  matelots  et 
toutes  les  autres  personnes  faisant  partie  des  Equipages  a  quelque  titre 
que  ce  soit,  des  bS,timents  de  guerre  ou  de  commerce  de  leur  nation, 
qui  seraient  pr6venus  ou  accuses  d'avoir  desert6  desdits  batimeuts, 
pour  les  renvoyer  a  bord  ou  les  transporter  dans  leur  pays.  A  cet 
etfet,  ils  s'adresseont,  les  Consuls  de  France  aux  Etat  Unis,  aux  magi- 
strats  d6sign6s  dans  I'Acte  du  Congres,  du  4  Mai,  1826,  c'est  a  dire, 
indistinctemeut  a  toutes  les  autorites  fed6rales,  d'etat,  municipales, 
les  Consuls  des  Etats  Unis  en  France,  a  toutes  les  autorites  compe- 


14  THE   DITIES   OF   A   CONSUL    GENERALLY. 

tentes,  et  leur  feront  par  6crit  la  demande  de  ces  d6serteurs,  en  justifi- 
ant,  par  I'exhibition  des  registres  du  batiments  ou  du  role  d  equipage, 
ou  par  d'autres  documents  officials,  que  les  liommes  qvi'ils  reclament 
faisaient  partie  dudit  equipage.  Sur  cette  seule  demande,  ainsijusti- 
fiee,  et  sans  aucun  serment  qui  puisse  etre  exige  des  Consids,  la  re- 
mise des  deserteurs  ne  poiirra  leur  ^tre  refus6e,  a  moius  qu'il  ne  soit 
dument  prou\e  qu'ils  etaient  citoyens  du  pays  oil  I'extradition  est 
r6clamee  an  moment  de  leur  inscription  sur  le  role,  ou  de  leur  arriv6e 
au  porte  du  debarquement.  II  leur  sera  donne  toute  aide  et  protec- 
tion pour  la  recherche,  la  saisie  et  I'arrestation  de  ces  deserteurs,  les- 
quels  seront  meme  detenus  et  gardes  dans  les  prisons  du  pays,  a  la 
requisition  et  aux  frais  des  Consuls,  jusqu'a  ce  que  ces  agents  aient 
trouA'e  une  occasion  de  les  faire  partir.  Si  pourtant  cette  occasion  ne  se 
presentait  pas  dans  un  delai  de  trois  mois  a  compter  du  jour  de  I'arres- 
tation, les  dgserteurs  seraient  mis  en  liberte,  et  ne  pourraient  plus 
etre  arretes  pour  la  meme  cause. 

"  Art.  10. — Les  Consuls-Generaux,  Consuls,  Vice-Consuls,  ou  Agents 
Consulaires  respectifs  recevront  les  declarations,  protestations,  et  rap- 
ports de  tous  les  capitaines  de  bS,timents  de  leur  nation  pour  raison 
d'avaries  essuyees  a  la  mer;  ils  feront  proceder  a  la  contestation  de 
I'arrimage,  et  ils  seront,  a  moins  de  stipulations  contraires  entre  les 
armateurs,  les  chargeurs,  et  les  assureurs,  charges  du  soin  de  regler 
ces  avaries.  Si  les  habitants  du  pays  oii  resident  des  Consuls,  ou  des 
citoyens  d'une  tierce  nation,  se  trouvaient  interesses  dans  lesdits 
avaries  et  que  les  parlies  ne  puissent  s  entendre  a  I'aimable  le  recours 
a  I'autorite  locale  competente  serait  de  droit. 

"  Art.  11. — Toutes  les  operations  relatives  aux  sauvetage  des  navires 
Frangais  naufrages  sur  les  cotes  des  Etats  Uuis,  et  des  navires  Ameri- 
caius  naufrages  sur  les  cotes  de  France,  seront  respectivement  diriges 
par  les  Consuls-Generaux,  Consuls,  Vice-Consuls  des  deux  'Etats  et 
jusqu'^  leur  arrivee  par  les  Agents  Consulaires  respectifs,  Ih  oh  il 
existera  une  agence ;  dans  les  lieux  et  parts  ori  il  n'existerait  pas 
d'agence,  les  autoritgs  locales  auront,  en  attendant  I'arrivge  du  Consul 
dans  I'arrondissement  duquel  le  naufrage  aurait  eu  lieu,  et  qui  devrait 
etre  immediatement  prevenii,  h  prendre  toutes  les  mesures  n^cessaires 
pour  la  protection  des  individus,  et  la  conservation  des  effets  nau- 
frages. 

"  Les  autorites  locales  n'auront,  d'ailleurs,  a  intervenir  que  pour 
maintenir  I'ordre,  garantir  les  interets  des  sauveteurs,  s'ils  sent  etranr 
gers,  aux  equipages  naiifrages,  et  assurer  I'execution  des  dispositions 
a  observer  pour  I'entree  et  la  sortie  des  marchandises  sauvges. 

"  II  est  bien  entendu  que  ces  marchandises  ne  seront  tenues  h  aucun 
droit  de  douane,  si  elles  doivent  ^tre  re-exportees,  et  que,  si  eUes  sont 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  15 

admises  a  la  consommatiou,  on  leur  accordera  les  moderations  de  droit 
consacrees  par  la  legislation  douaniere  des  pays  respectifs. 

"  Art.  12. — Les  Consuls-Geueraux,  Consuls,  Yice-Consvils,  ou  Agents 
Consulaires  respectifs,  ainsi  que  leurs  Eleves-Consuls,  Chanceliers,  et 
Secretaires  jouiront  dans  les  deux  pays  de  tons  les  autres  privileges, 
exemptions,  et  immunites  que  pourraient  par  la  suite  ^tre  accordes  aux 
agents  de  nieme  rang  de  la  nation  la  phis  favorisee. 

"Art.  13. — La  presente  convention  restera  en  viguenr  pendant  dix 
ans  &,  partir  de  I'e'cliange  des  ratifications  lesquelles  seront  donnees 
conformement  aux  constitutions  respectives  des  deux  pays,et  echangees 
h  Washington  dans  le  d§lai  de  six  mois,  oCl  plus  t6t,  si  faire  se  pent. 
Dans  le  cas  oii  aucune  des  parties  n'aurait  notifie,  douze  mois  avant 
I'expiration  de  ladite  periode  de  dix  ans,  son  intention  d'en  faire  cesser 
les  effets,  la  convention  continuera  h  rester  en  vigueur  encore  une 
annge,  et  ainsi  de  siiite  d'annee  en  annee  jusqu'a  I'expiration  d'une 
annee,  h  partir  du  jour  ovl  I'nne  ou  I'autre  des  parties  I'aura  denoncee. 
En  foi  de  quoi  les  plenipotentiaires  respectifs  I'ont  signee  et  I'ont 
oppose  leurs  cachets  respectifs. 

"  Fait  a  Washington,  le  23  Fevrier,  Anno  Domini. 

Sign6,  Sartiges. 

Signe,  Edward  Everett." 


{^:s:} 


We  noAv  give,  for  the  further  guidance  of  the  Consul, 

THE    GENERAL    INSTRUCTIONS    FOR    HER     MAJESTy's    CONSULS    ISSUED    BY 
TIlE    SECRETARY    OF    STATE    FOR    THE    FOREIGN     DEPARTMENT. 

§  L  Exequatur. — Upon  the  arrival  of  the  Consul  at  his  post,  he 
will  announce  himself  to  the  principal  public  authorities,  and  will 
show  them  Her  Majesty's  Commission,  or  a  copy  thereof;  and  he  may, 
if  required,  give  them  a  copy  stamped  with  the  consular  seal. 

The  original  Commission  should  be  forwarded  to  Her  Majesty's 
Ambassador  or  Minister  at  the  court  of  the  country  in  which  the 
Consul  has  to  reside,  with  a  request  that  the  said  Ambassador  or 
Minister  will  apply  to  the  proper  authorities  for  the  usual  exequatur 
to  enable  him  to  enter  officially  upon  his  Consular  duties. 

§  IL  Privileges. — Her  Majesty's  Commission  and  the  exequatur  will 
secure  to  the  Consul  the  enjoyment  of  such  privileges,  immunities,  and 
exemptions  as  have  been  enjoyed  generally  by  his  predecessors,  and 
as  are  usually  granted  to  Consuls  in  the  country  in  which  he  resides ; 
and  he  will  be  cautious  not  to  aim  at  more. 

§  in.  Consular  Act  and  Consular  Fees. — In  order  to  render  more 
uniform  the  system  under  which  the  British  Consular  service  had 
heretofore  been  conducted,  an  Act  was  passed  by  the  Legislature  for 


Ifi  THE   DUTIES    OF    A    CONSUL    GENERALLY. 

the  better  regulation  of  the  Consular  service,  and  for  other  public 
purposes  connected  therewith. 

A  copy  of  the  Act  of  Parliament  above  mentioned  is  annexed  ;  and 
the  Consul  will  pay  strict  attention  to  aU  the  clauses  of  this  Act ;  and 
he  will  not  levy,  or  permit  to  be  levied,  in  the  British  Consular  offices 
under  his  jurisdiction,  any  other  fees  than  such  as  are  in  strict  con- 
formity with  the  existing  tariff. 

At  the  expiration  of  each  year,  the  Consul  will  transmit  to  Her 
Majesty's  Principal  Secretary  of  State  for  Foreign  Affairs  a  certified 
statement  (according  to  the  enclosed  form)  of  the  gross  amount  of  all 
fees  collected  at  his  Consulate  within  the  year,  under  the  Tables  before 
mentioned,  together  with  the  equivalent  in  local  currency  in  pounds 
sterling,  calculated  at  the  average  rate  of  the  exchange  for  the  year, 
which  exchange  must  also  be  stated. 

§  IV.  Cotisular  Correspondence. — To  insure  due  execution  of  the  details 
of  the  Consular  system,  established  under  the  before-mentioned  Act  of 
Parliament,  it  has  been  judged  expedient  that  the  correspondence  of 
Her  Majesty's  Consuls  should  be  separated  from  the  diplomatic  cor- 
respondence of  this  Office,  and  placed  under  the  superintendence  of 
one  individual  on  the  establishment,  designated  "  The  Superintendent 
of  the  Consular  Service."  The  Consul  will  address  himself  to  the 
Secretary  of  State  in  his  despatches,  but  he  wiU  transmit  these  under 
cover  to  the  Superintendent,  carefully  observing  the  form  of  address 
given  herewith ;  and  he  will  obey  such  instructions  as  shall  be  con- 
veyed to  him  by  the  Superintendent,  by  direction  of  the  Secretary 
of  State. 

Form  of  an  Address  of  Letters  to  the  Superintendent. 


On  Her  Majesty's  Service. 


John  Bidwell,  Esq. 
Superintendent  of  the  Consular  Service. 

Consulate  of    )  Foreign  Office, 

J  LONDON. 


§  V.  Accounts  Current. — Some  of  the  clauses  of  the  before-mentioned 
Act  of  Parliament  authorise  Her  Majesty's  Consuls  to  receive  and 
disburse  money  for  various  purposes  therein  described ;  and  as  it  is 
desirable  that  their  accounts  should  be  kept  and  rendered  according  to 
one  uniform  system,  the  Consul  is  herewith  furnished  for  his  guidance 
with  a  printed  memorandum  *  (drawn  up  by  the  Commissioners  for 
Auditing  the  Public  Accounts,  and  approved  by  the  Lords  Commis- 

*  Page  24. 


THE    DUTIES    OP    A    CONSUL    GENERALLY.  17 

sioners  of  Her  Majesty's  Treasm-y),  together  with  a  supplementary 
circular,  dated  the  2nd  August,  1831,  containing  full  directions  upon 
this  subject. 

The  Consul  will  pay  strict  attention  to  the  forms  therein  prescribed; 
and,  as  soon  as  possible  after  the  termination  of  each  year,  he  will 
transmit  to  this  department  an  account  (in  duplicate)  made  up  in  the 
prescribed  form,  with  one  set  of  vovichers,  to  the  end  that  one  copy  of 
such  account,  together  with  the  vouchers,  may  be  forwarded  by  the 
Secretary  of  State  to  the  Lords  Commissioners  of  Her  Majesty's 
Treasury  to  be  examined  by  the  Commissioners  of  Audit,  and  that  the 
other  copy  may  remain  in  the  correspondence  of  this  department.  In 
the  despatch  transmitting  the  account,  the  Consul  will  insert  any 
explanatory  remarks  which  the  nature  of  the  charges  therein  contained 
may  appear  to  require. 

§  VI.  Commercial  instructions.- — It  will  be  the  particular  study  of  the 
Consul  to  become  conversant  with  the  laws  and  general  principles 
which  relate  to  the  trade  of  Great  Britain  with  foreign  parts ;  to  make 
himself  acquainted  with  the  language  and  with  the  municipal  laws  of 
the  country  wherein  he  resides,  and  especially  with  such  laws  as  have 
any  connection  with  the  trade  between  the  two  countries. 

The  Consul  is  herewith  furnished,  for  his  information  and  for  pur- 
poses of  reference,  with  "  a  collection  of  treaties  and  conventions  at 
present  subsisting  between  Great  Britain  and  foreign  powers,  so  far  as 
they  relate  to  commerce  and  navigation,  to  the  repression  and  abolition 
of  the  slave  trade,  and  to  the  privileges  and  interests  of  the  subjects  of 
the  high  contracting  parties,"  consisting  of  three  volumes  octavo,  ^hich 
are  to  be  carefully  preserved  with  the  official  archives  of  the  Consulate.* 

Various  Acts  of  Parliament  relating  to  trade  and  navigation  are  also 
annexed  ;'i-  and  such  further  Acts  relating  to  1;hese  subjects  as  may 
hereafter  be  passed  will  be  forwarded  to  the  Consul. 

He  will  bear  in  mind,  that  it  is  his  principal  duty  to  protect  and  pro- 
mote the  lawful  trade  and  trading  interests  of  Great  Britain,  by  every 
fair  and  proper  means,  taking  care  to  conform  to  the  laws  and  regula- 
tions in  question;  and  whilst  he  is  supporting  the  lawful  trade  of 
Great  Britain,  he  will  take  special  notice  of  all  prohibitions  "with 
respect  to  the  export  or  import  of  specified  articles,  as  well  on  the 
part  of  the  state  in  which  he  resides,  as  of  the  Government  of  Great 
Britain  ;  so  that  he  may  caution  all  British  sulyects  against  carrying  on 
an  illicit  commerce,  to  the  detriment  of  the  revenue,  and  in  violation 
of  the  laws  and  regulations  of  either  country:  and  he  will  not  fail  to 
give  to  this  department  immediate  notice  of  any  attempt  to  contravene 
those  laws  and  regulations. 

*  Vide  Preface  and  Appendix. 

f  Vide  Consulai'  Instructions,  1855. 


18  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

§  VII.  .iihice  and  assistance  to  he  giueti  to  British  snbjects. — The 
Consul  Avill  give  his  best  advice  and  assistance  when  called  upon,  to 
Her  Majesty's  trading  subjects,  quieting  their  differences,  promoting 
peace,  harmony,  and  good  will  amongst  them,  and  conciliating,  as 
much  as  possible,  the  subjects  of  the  two  countries  upon  all  points  of 
difference  which  may  fall  under  his  cognizance.  In  the  event  of  any 
attempts  being  made  to  injure  British  subjects,  either  in  their  persons 
or  property,  he  will  uphold  their  rightful  interests,  and  the  privileges 
secured  to  them  by  treaty,  by  due  representation  in  the  proper  official 
quarter.  He  will,  at  the  same  time,  be  careful  to  conduct  himself  with 
mildness  and  moderation  in  all  his  transactions  with  tbe  public  autho- 
rities ;  and  he  will  not  upon  any  account  urge  claims  on  behalf  of  Her 
Majesty's  subjects,  to  which  they  are  not  justly  and  fairly  entitled.  If 
redress  cannot  be  obtained  from  the  local  administration,  or  if  the  mat- 
ter of  complaint  be  not  within  their  jurisdiction,  the  Consul  will  apply 
to  Her  Majesty's  Consul-General,  or  to  Her  Majesty's  Minister,  if 
there  be  no  Consul-General  in  the  country  wherein  he  resides,  in  order 
that  he  may  make  a  representation  to  the  higher  authorities,  or  take 
such  other  steps  in  the  case  as  he  may  think  proper ;  and  the  Consul 
will  pay  strict  attention  to  the  instructions  which  he  may  receive  from 
the  Minister  or  Consul-General. 

§  VIII.  Correspondence,  public  and  private. — The  Consul  will  keep 
Her  Majesty's  Minister  regularly  and  fully  informed  of  all  occurrences 
of  national  interest  within  his  consulate,  respecting  either  the  trade  of 
Her  Majesty's  subjects,  or  that  of  other  nations  at  peace  or  at  war 
with  Great  Britain.  He  will  likewise  not  fail  to  transmit  to  him  such 
correct  intelligence  as  he  can  procure,  respecting  the  arming,  the 
equipment,  or  the  sailing  of  any  public  or  private  armed  vessels  be- 
longing to  the  enemies  of  Her  Majesty;  and  whenever  it  may  appear 
to  him  essential  that  Her  Majesty's  Government  should  be  directly 
informed  of  the  subject  of  his  communications  to  Her  Majesty's  Mi- 
nister, he  will  transmit  copies  of  them  to  this  department. 

The  Consul  will  not,  however,  upon  any  account  correspond  with 
private  persons  on  public  aifairs ;  neither  will  he  recommend  his  pri- 
vate friends,  abroad  or  at  home,  for  employment  of  trust  or  profit 
under  the  government  of  the  coimtry  in  which  he  resides ;  and  he  will 
not  ask  or  accept  favours  of  that  government  for  himself. 

§  IX.  Lloyd's  ageticy.— Such  of  Her  Majesty's  Consuls  as  are  agents 
to  Lloyd's  are  especially  directed  not  to  correspond  with  Lloyd's  on 
the  subject  of  political  occurrences.  The  Consul  will  not  hold  any 
correspondence  on  such  subjects,  excepting  that  which  it  is  his  duty 
to  hold  with  the  Secretary  and  Under  Secretary  of  State,  and  the  Super- 
intendent of  the  Consular  Service,  or  with  Her  Majesty's  Minister  and 
Consul-General  in  the  coimtry  where  he  resides,  or  with  Consuls  and 


THE    DUTIES    OF    A    CONSL'L    GENERALLY.  19 

naval  or  military  officers  in  Her  Majesty's  service,  Avbo  may  be  em- 
ployed in  his  neigliboiirhood,  and  to  whom  it  may  be  necessary  to 
communicate  immediately  any  event  of  public  interest.  If  the  rule 
which  is  here  prescribed  should  be  inconsistent  with  what  is  expected 
from  an  ag-ent  to  Lloyd's,  the  Consul  must  understand  that  he  cannot 
be  permitted  to  undertake  any  agency  which  interferes  with  the  due 
discharge  of  his  Consular  duties. 

§  X.  Protection  on  board  of  British  ships. — Misconception  having 
arisen  with  respect  to  the  degree  of  protection  which  commanders  of 
British  ships  may  afford  to  any  individuals  seeking  refuge  on  board  of 
those  ships,  the  Consul  is  informed  that  the  commanders  of  British 
ships  lying  in  the  ports  of  a  foreign  country  are  not  authorised  to 
harbour  any  persons  (even  if  British  subjects)  who  may  seek  refuge  on 
board  of  their  vessels,  in  order  to  evade  or  resist  the  due  execution  of 
the  laws,  to  which,  by  reason  of  their  residence  in  the  country,  they 
have  rendered  themselves  amenable  ;  and  the  Consul  will  bear  in  mind, 
in  aU  applications  which  may  be  made  to  him  on  behalf  of  individuals 
so  circumstanced,  that  such  persons  are  liable  to  be  taken  by  due  pro- 
cess of  the  laws  of  the  country. 

§  XL  Official  seal  and  signature. — The  Consul  will  take  an  early 
opportunity  of  furnishing  Her  Majesty's  Secretary  of  State  for  Foreign 
Affairs  with  impressions,  in  duplicate,  of  his  seal  of  office,  with  his 
official  signature  annexed,  in  order  that  the  same  may  be  deposited  at 
the  proper  department  of  Her  Majesty's  Customs,  to  prevent  frauds 
upon  the  revenue. 

§  XIL  Commercial  Report. — The  Consul  will  forward  to  the  Secretary 
of  State,  in  duplicate,  so  soon  as  the  information  he  can  collect  will 
enable  him  so  to  do ;  but  at  any  rate  within  a  period  of  six  months 
from  the  date  of  his  arrival  at  his  residence,  a  general  report  on  the 
trade  of  the  place  and  district,  specifying  the  commodities,  as  well  of 
the  export  as  import  trade,  and  the  countries  which  supply  the  latter, 
together  with  the  increase  or  decline  in  late  years,  and  the  probable  in- 
crease or  decline  to  be  expected,  and  the  causes  in  both  cases.  He 
will  state  the  general  regulations  with  respect  to  trade  at  the  place 
where  he  is  resident,  and  their  effects.  He  will  give  the  average 
market  prices  within  the  year  of  the  several  articles  of  export  and  im- 
port. He  will  particularise  wlia.t  articles,  if  any,  are  absolutely  pro- 
hibited to  be  imported  into  the  country  wherein  he  resides ;  what 
articles  are  prohibited  to  be  imported  from  any  other  place  than  from 
the  place  of  their  growth  or  production ;  whether  there  be  any  privi- 
leges of  importation,  and  what  those  privileges  are,  in  favour  of  ships 
that  are  of  the  build  of,  or  belonging  to,  the  country  wherein  he 
resides;  whether  there  be  any  diff'erence  in  the  duty  on  goods  when 


20  THE  DUTIES  OP  A  CONSUL  GENERALLY. 

imported  into  tliat  country  in  a  foreign  ship,  and  if  so,  Avhetlier  it  be 
genera],  or  applicable  only  to  particular  articles  ;  what  are  the  rates  of 
duty  payable  on  goods  imported  into  the  said  country ;  whether  there 
be  any  tonnage  duty  or  other  port  dues  (and  what),  payable  on  ship- 
ping entering  at,  or  clearing  from,  the  ports  of  that  country  ;  whether 
there  be  any  (and  if  so,  what),  ports  in  that  country  wherein  goods 
may  be  warehoused  on  importation,  and  afterwards  exported  Avith  or 
without  payment  of  any  duties,  and  under  what  regulations. 

§  XIII.  Jnniial  returns  of  trade. — The  Consul  will  transmit  to  Her 
Majesty's  Secretary  of  State  for  Foreign  Affairs,  at  the  expiration  of 
each  year,  a  return  of  the  trade  with  the  principal  ports  of  his 
consulate,  according  to  the  form  inclosed  in  the  circular  dated  the 
15th  March,  1833,  of  which  copies  are  herewith  annexed.* 

§  XIV.  Returns  quarterly  of  corn  arid  grain. — The  Consul  will  send  to 
this  department,  at  the  expiration  of  every  quarter,  an  account  of  the 
prices  in  his  district  of  the  several  articles  of  agricultural  produce,  in 
each  week  of  the  preceding  three  months,  made  up  according  to  the 
form  herewith  inclosed. 

He  will  also,  when  practicable,  transmit  with  the  returns  a  memo- 
randum, in  duplicate,  in  which  he  will  state  any  further  information 
which  he  may  have  to  communicate  respecting  the  prices  free  on  board 
of  the  several  sorts  of  corn  and  grain ;  the  amount  of  the  charge  for 
freight  to  England  at  the  period  at  which  the  returns  are  made  up  ; 
the  extent  of  the  stock  in  granary  ;  every  peculiarity  respecting  the 
course  of  exchange  ;  whether  any  restraint  is  imposed  by  law,  either 
upon  the  exportation  or  importation  of  corn  and  grain,  and,  if  so,  the 
nature  and  extent  of  such  restraint.  The  Consul  will  endeavour  to 
render  these  reports  as  accurate  as  possible,  and  he  will  add  to  them 
any  general  remarks  upon  the  subject  which  may  suggest  themselves 
to  him  as  of  sufficient  importance  to  be  conveyed  to  Her  Majesty's 
Government. 

§  XV.  Quarantine. — The  Consul  is  herewith  furnished,  for  his  infor- 
mation, with  the  copy  of  an  Act  of  Parliament  (6  Geo.  IV.,  c.  78), 
intituled,  "  An  Act  to  repeal  the  several  Laws  relating  to  the  per- 
formance of  Quarantine,  and  to  make  other  provisions  in  lieu  thereof;" 
and  also  Avith  copies  of  Orders  in  Council  which  His  Majesty  was 
pleased  to  issue  m  furtherance  of  this  Act  of  Parliament.*  The  Consul 
will  take  measures  for  making  as  public  as  possible  this  Act  of  Parlia- 
ment and  the  Orders  in  Council ;  and  he  will  not  neglect  to  report  to 
this  department  any  appearance  of  yellow  fever,  plague,  or  other  con- 
tagious or  infectious  disease,  or  the  establishment  of  any  unusual 
tiuarantine  at  the  place  of  his  residence. 

*  Vide  Appendix. 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  21 

§  XVI.  Certificates. — The  Consul  will  be  careful  not  to  grant  a 
certificate  of  any  fact  of  which  he  has  not  accurately  ascertained  the 
truth  :  and  whenever  he  is  required  to  attest  or  certify  a  document 
consisting  of  more  than  one  sheet,  he  will  unite  the  sheets  by  a  tape 
or  ribbon  to  the  end  of  the  document  by  the  means  of  wax  or  wafer, 
on  which  he  will  place  his  official  seal. 

§  XVII.    Vessel,  definition  of  a  British* 

§  XVIII.  Passes,  Mediterranean* 

§  XIX.  Trade  with  the  Mauritius.  The  t)rder  in  Council,  dated  the 
28th  May,  1819,  sanctioning  certain  modifications  of  the  laws  which 
regulate  colonial  trade,  so  far  as  they  affect  the  Island  of  Mauritius, 
having  been  annulled  by  the  general  effect  of  the  Order  in  Council  of 
the  16th  July,  1827  (herewith  inclosed),  and  the  trade  having  been 
placed  on  'a  diffei'ent  footing,  the  Consul  will  act  in  strict  conformity 
with  the  regulations  of  the  Order  in  Council  before  mentioned  of  the 
16th  July,  1827,  and  he  will  take  all  proper  steps  to  make  these  regu- 
lations known  to  the  local  authorities  within  the  district  of  his 
consulate. 

§  XX.  Flag,  pilot. — The  Admiralty  having  judged  it  proper  that  the 
flag  henceforth  to  be  used  by  all  British  ships  throughout  the  world, 
as  a  signal  for  a  pilot,  shall  be  a  British  jack  with  a  border  of  white  of 
one-fifth  of  the  breadth  of  the  jack,  the  Consul  will  make  this  known 
in  the  most  public  manner  throughout  the  district  of  his  consulate ; 
and  he  is  herewith  furnished,  for  his  more  particular  information,  with 
a  copy  of  the  flag  now  adopted. 

§  XXI.  Flag,  merchant.* 

§  XXII.  Distressed  British  subjects.* 

§  XXIII.  British  navy. — The  Consul  will  furnish  intelligence  to  the 
commanders  of  Her  Majesty's  ships  touchmg  upon  the  coast,  and 
obtain  for  them,  when  required,  supplies  of  water  and  provisions.  In 
this  latter  instance,  the  before-mentioned  Instructions  from  the 
Admiralty  will  furnish  the  Consul  with  the  means  of  regulating  his 
accounts,  and  also  instruct  him  with  respect  to  pilotage,  and  to  the 
apprehension  of  deserters.  He  will,  on  any  such  occasions,  do  his 
utmost,  with  prudence,  to  promote  the  interests  of  Her  Majesty's 
service.  He  will  also  exert  himself  to  recover  all  wrecks,  cables, 
anchors,  etc.,  belonging  to  the  Queen's  ships,  when  found  at  sea  by 
fishermen  or  other  persons,  and  brought  into  the  port  where  he  resides. 
He  will  pay  to  such  persons  the  customary  salvage,  and  will  acquaint 
the  Admiralty  with  his  proceedings  thereon. 

§  XXIV.     Precedence  between  Consuls  and  Naval  Ofiicers. — In  order 
to  avoid  the  inconvenience  which  has  arisen  to  Her  Majesty's  service 
*  Repealed  by  lustruetions  annexed,  1855. 


22  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

from   a  difference  of  opinion  on  a  point  of  etiquette  between  Her 
Majesty's  Consuls  and  the  Commanders  of  Her  Majesty's  ships  of  war 
arriving  at  foreign   ports,   with  respect  to   the  payment  of  the  first 
visit,  it  has  been  decided  that  whenever  the  Captain  of  one  of  Her 
Majesty's  ships  of  war,  being  a  Post  Captain  or  a  Commodore  wearing 
a  blue  pendant,  shall  signify  to  the  Consul,  in  writing,  his  arrival  at 
the  port  at  w^hich  the  Consul  resides,  the  Consul  (or  Vice-Consul  in 
ports  where  there  is  a  Consul-General)  will  take  the  earliest  oppor- 
tunity of  waiting  in  perso'n  on  the  Commander  of  the  ship,  and  of 
affording  him  such  assistance  as  he  may  require.     Commanders  of  Her 
Majesty's  navy  will,  on  their  arrival  at  any  such  ports,  wait  upon  Her 
Majesty's  Consuls,  but  they  will  be  waited  upon  by  Vice-Consuls. 
Consuls-General  and  Consuls  will,  in  aU  cases,  wait  upon  Flag-Officers 
and  Commanders  wearing  a  red  or  white  pendant,  without  waiting  for 
any  previous  communication.    The  Officers  commanding  Her  Majesty's 
ships  of  war  have  orders  to  furnish  a  boat  to  convey  the  Consul  on 
board,  and  to  re-land  him,  on  the  Consul  notifying  his  wish  to  have  a 
boat  so  sent  for  him.     The  Consul  will  strictly  attend  to  the  foregoing 
Instructions.     The  copy  of  a  Memorandum  upon  this  subject,  issued 
by  the  Admiralty  to  Her  Majesty's  naval  officers,  is  herewith  enclosed. 
§  XXV.     Ionian  States. — The  treaty  of  peace,  signed  at  Paris  on  the 
5th  November,  1815,  having  placed  the  Ionian  States  under  the  pro- 
tection of  Great  Britain,  the  Consul  will  afford  the  same  protection  to 
the  subjects,  vessels,  and  merchandise  of  the  Ionian  States  as  to  the 
trade  and  persons  of  Her  Majesty's  subjects.     But  in  extending  this 
protection  to  them,  he  will  not  make  any  pecuniary  advances  to  Ionian 
subjects,  unless  he  shall  be  furnished  with  specific  instructions  to  that 
effect  by  the  proper  authorities  of  those  States,  as  it  is  to  them  alone 
that  the  Consul  must  look  for  reimbursement  of  such  advances. 

§  XXVI.  Slave  trade.~The  copy  of  an  Act  of  Parliament  amending 
and  consolidating  the  laws  relating  to  the  abolition  of  the  slave  trade 
is  annexed.*  The  Consul  will  keep  a  watchful  eye  upon  all  under- 
takings for  trading  in  slaves  within  the  district  of  his  Consulate ;  and 
whenever  he  has  reason  to  suspect  that  British  subjects  or  British 
capital  are  engaged  or  concerned  in  the  carrying  on  of  this  traffic,  he 
will  forthAvith  report  the  same  to  the  Secretary  of  State,  in  order  that 
steps  may  be  taken  for  putting  a  stop  to  such  criminal  acts,  and  for 
bringing  to  punishment  the  offenders  against  the  laws  of  their  country. 
In  consequence  of  the  extent  of  the  correspondence  upon  the  slave 
trade,  and  the  difficulty  of  preparing  it  for  Parliament,  it  has  been 
found  necessary  that  all  despatches  treating  upon  this  subject  should 
form  a  separate  series  of  despatches  distinct  by  themselves.  The 
*  Vide  Appendix. 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  23 

Consul  will  therefore  distinguisli  all  despatclies  upon  this  subject,  by 
heading  them  with  the  words  "Slave  Trade;"  and  he  will  number 
them  from  first  to  last  successively  throughout  each  year,  apart  from 
the  general  series  of  his  despatches. 

§  XXVII.  Vice-Consuls. — In  case  it  shall  appear  to  the  Consul 
necessary  that  a  Vice-Consul  should  be  stationed  at  any  port  within 
his  district,  where  no  British  Vice-Consulate  has  heretofore  existed,  or 
whenever  a  vacancy  shall  occur,  he  will  report  the  fact  to  the  Secretary 
of  State,  showing  at  the  same  time  how  far  British  interests  require 
such  an  appointment ;  and  if  siiggested  as  expedient,  he  will  submit 
the  name  of  some  English  merchant  of  respectability  for  the  appoint- 
ment, with  the  grounds  of  his  recommendation,  but  he  will  in  no  case 
give  him  any  commission  or  sanction  to  act  in  t4iat  capacity,  until  the 
approval  of  the  Secretary  of  State  shall  have  been  given.  Upon  the 
receipt  of  siich  approval,  the  Consul  will  acquaint  the  individual  with 
his  appointment  as  Vice-Consul,  and  will  furnish  him  with  the  neces- 
sary authority  to  act  in  that  capacity,  together  Avith  instructions  for 
the  guidance  of  his  conduct  conformable  to  those  under  which  he  him- 
self is  acting. 

The  Consul  will  not  dismiss  any  Vice-Consul  acting  within  his  dis- 
trict without  the  sanction  of  the  Secretary  of  State ;  but  if  he  should 
be  of  opinion  that  good  and  sufficient  grounds  exist  for  the  dismissal 
of  a  Vice-Consul,  he  will  give  information  thereof  to  Her  Majesty's 
Secretary  of  State,  suspending,  provisionally,  the  Vice-Consul,  only 
when  the  extraordinary  nature  of  the  case  may  appear  to  require  so 
prompt  a  proceeding ;  and  awaiting,  in  all  cases,  the  decision  of  the 
Secretary  of  State  previously  to  taking  ulterior  proceeduigs  upon  the 
subj  ect. 

At  the  close  of  every  year,  the  Consul  will  transmit  to  the  Secretary 
of  State  a  list  (according  to  the  form  hereto  annexed)  of  all  persons 
who  may  be  acting  within  his  Consular  district,  and  under  his  juris- 
diction, either  as  British  Vice-Consuls,  Deputy  Consuls,  Provisional 
Consular  Agents,  or  in  any  other  similar  capacity ;  stating  in  such 
return  the  station,  the  name  of  the  individual,  his  Consular  rank,  the 
date  of  his  provisional  nomination,  and  the  date  of  the  approval  thereof 
by  the  Secretary  of  State. 

§  XXVIII.  Salary  and  emoluments. — The  Consul  will  bear  in  mind 
that  his  salary,  and  the  fees  allowed  to  him  by  Act  of  Parliament,  are 
to  cover  all  his  expenses,  whether  personal  or  official  (excepting  such 
as  he  may,  at  any  time,  be  specially  authorised  to  incur,  and  charge  to 
the  public) ;  and  that  no  Vice-Consul  or  Clerk  appointed  by  him  at  the 
place  of  his  residence  is  to  consider  himself  entitled  to  any  remunera- 
tion from  Her  Majesty's  Government. 

§  XXIX.  Passports. — The  Consul  will  not  take  upon  himself,  as  a 


24  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

matter  of  course,  to  grant  passports.  If,  however,  the  regulations  of 
the  country  wherein  he  resides  require  that  his  vise  shoukl  be  affixed 
to  the  passport  of  British  subjects,  or  that  a  certificate  should  be  fur- 
nished by  him,  to  enable  them  to  obtain  passports  from  the  proper 
authorities,  he  will,  when  called  upon,  affix  such  vis6,  or  give  such 
certificates. 

§  XXX.  Jhsence  from  his  post. — The  Consul  will  not  consider  him- 
self at  liberty  to  leave  his  post  without  permission  from  this  office,  or 
from  Her  Majesty's  Representative  in  the  country  wherein  he  resides. 
The  annexed  copy  of  a  circular,  dated  the  5th  July,  1833,  specifies  the 
conditions  on  which  a  Consul  can  obtain  leave  of  absence. 

§  XXXI.  Forms  to  be  observed  in  official  correspondence. — The  Consul 
is  herewith  furnished  with  a  memorandum  relative  to  the  forms  to  be 
observed  in  his  official  correspondence  with  this  Department ;  and  he 
will  strictly  comply  with  the  instructions  therein  contained. 

§  XXXII.  Additional  Instructio7is.  ^Illegal  Importation  of  tobacco. 
Mutinous  merchant  seamen. — Copies  of  circular  despatches  and  other 
documents,  which  have  been  more  recently  forwarded  from  this 
Department  to  Her  Majesty's  Consuls  abroad,  are  annexed ;  and  the 
Consuls  will  carefully  attend  to  the  instructions  therein  contained. 
Further  instructions  will  be  given  to  the  Consul  from  time  to  time,  as 
circumstances  may  reqiiire.* 

Memorandum — referred  to  in  p.  16,  §  v. 

Instructions  to  be  observed  by  Her  Majesty's  Consuls  abroad,  in 
regard  to  the  Accounts  Avhich  they  are  required  to  render,  under 
the  provisions  of  the  Act  of  the  6th  Geo.  IV.  c.  87. 

I.  You  will  continue  to  draw  your  bills  and  forward  your  accounts 
to  the  Navy  Board  in  the  same  maner  and  form  as  you  did  previously 
to  the  passing  of  the  Act  of  the  6th  Geo.  IV. 'C.  87,  in  all  cases  relating 
to  the  relief  of  British  seamen,  supplies  furnished  to  Her  Majesty's 
ships,  pilotage  paid  for  them,  and  to  any  other  head  of  naval  service 
as  more  particularly  described  in  the  fopu  of  account  which  you  have 
.already  received  from  the  Navy  Board  (a  copy  of  wdiich  is  annexed), 
and  you  will  in  no  case  include  any  expenditure  of  the  above  descrip- 
tion in  the  accounts  to  be  forwarded  by  you  to  the  Foreign  Office. 

II.  You  are  to  make  up  annually  an  accoiint  current  to  the 
.31st  December  in  every 'year,  in  duplicate,  of  your  receipts  and  dis- 
bursements of  every  other  description,  with  the  exception  of  your  own 
salary,  including  in  such  account  the  salaries  and  disbursements,  if 
any,  of  your  Vice-Consuls,  as  well  as  the  expenditure  for  the  purposes 
specified  in  the  Act  of  the  6th  Geo.  IV.  c.  87 ;  and  you  are  to  transmit 

*  Vide  Appendix  and  Instructions,  1855. 


THE    DUTIES    OF   A    CONSUL    GENERALLY.  25 

such  accounts,  together  with  one  complete  set  of  vouchers,  to  Her 
Majesty's  Principal  Secretary  of  State  for  the  Foreign  Department,  as 
soon  as  possible  after  the  termination  of  each  year,  taking  care,  when- 
ever you  may  be  prevented  from  forwarding  the  same,  immediately  to 
explain  the  causes  of  the  delay. 

III.  You  will  take  vouchers  for  your  disbursements  in  duplicate,  in 
order  that  you  may  retain  the  duplicate  vouchers  in  jowr  own  posses- 
sion. And  when  it  shall  happen  that  you  are  not  able  to  obtain  more 
than  one  original  of  any  voucher,  you  will  make  out  a  copy  for  your 
own  use,  as  well  to  enable  you  to  answer  any  questions  respecting  the 
same,  as  to  provide  against  the  possible  loss  of  the  original  forwarded 
to  England  ;  but  you  will  take  care  that  the  originals  of  such  vouchers 
accompany  the  annual  accounts  to  be  transmitted  to  the  Secretary  of 
State  ;  and  in  cases  in  which  it  may  not  be  possible  to  procure  any 
vouchers  at  all,  you  will  accompany  the  accounts  with  a  full  explana- 
tion of  the  circumstances  which  prevent  you  from  complying  with 
your  instructions  in  this  respect. 

IV.  Your  account  is  to  be  made  up  and  verified  according  to  the 
annexed  form  No.  1.  It  is  to  be  kept  in  the  currency  of  the  country 
in  which  you  reside,  and  the  several  receipts  and  disbursements  are  to 
be  classed  under  distinct  heads  of  service.  Shovild  you  receive  or  pay 
money  relating  to  any  service  for  which  a  separate  head  is  not  provided 
in  the  annexed  form,  you  will,  of  course,  supply  the  omission. 

V.  The  charge  or  debit  side  of  your  account  is  to  be  supported  by 
particulars  of  the  bills  drawn  by  you  on  the  Lords  of  Her  Majesty's 
Treasury,  and  by  detailed  explanatory  statements  of  all  moneys 
received  by  you  from  any  other  sources  ;  excepting  those  for  which 
you  are  accountable  to  the  Commissioners  of  the  Navy. 

The  particulars  of  the  bills  must  specify  the  rate  of  exchange  at 
which  the  bUls  were  negotiated,  certified  by  two  respectable  merchants ; 
the  names  of  the  parties  in  whose  favour  they  are  drawn  ;  and  the  net 
proceeds  in  the  currency  of  the  country. 

VI.  In  support  of  the  discharge  or  credit  side  of  your  account,  you 
will  transmit  abstracts  of  each  head  of  disbiirsements  ;  together  with 
the  bills  of  particulars,  the  receipts  of  the  parties,  and  such  other 
documents  as  the  circumstances  of  each  case  may  require,  for  the  pur- 
pose of  showing  the  regularity  of  each  transaction :  and,  where  dis- 
bursements have  been  made  by  your  Vice-Consuls,  or  other  persons  on 
your  behalf,  you  are  to  require  and  produce  accounts  of  particulars 
supported  by  proper  vouchers,  namely,  receipts,  or  other  documents 
referred  to  in  any  voucher,  in  all  cases  where  it  may  be  practicable ; 
and  you  are  to  include  in  your  accounts  the  whole  of  the  salaries  and 
expenditure,  if  any,  of  your  Vice-Consuls,  which  you  may  have  re- 


26  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

ceived  special  authority  from  the  Foreign  Department  to  reimburse  to 
such  Vice-Consuls. 

VII.  You  will  distinguish  the  documents  delivered  in  support  of  the 
charge  part  of  your  account  by  the  letters  of  the  alphabet,  commencing 
each  year  with  the  letter  A,  'and  you  will  number  the  vouchers  in  the 
discharge  consecutively,  commencing  each  year  with  No.  1. 

VIII.  You  will  transmit,  together  with  your  accounts,  copies  or 
extracts  (certified  by  yourself  to  have  been  compared  with  the  origi- 
nals, and  found  correct)  of  all  instructions,  letters,  orders  of  the  Secre- 
tary of  State,  or  approvals  of  the  Lords  of  the  Treasury,  which  may 
be  connected  with  any  expenditure  made  by  yoii,  or  with  any  special 
allowances  granted  or  paid  by  you  or  by  your  Vice-Consuls ;  but 
in  cases  where  such  authorities  apply  to  a  description  of  expenditure 
occurring  more  than  once  in  your  accounts,  it  will  be  sufficient, 
after  having  in  the  first  instance  forwarded  certified  copies  as  above 
directed,  to  refer  in  every  subsequent  similar  payment  to  the  original 
authority  in  question. 

IX.  Whenever  you  may  be. called  upon  to  exercise  your  discretion 
in  making  any  special  payments  for  which  it  may  not  be  possible  for 
you  to  obtain  the  previous  sanction  of  the  Secretary  of  State,  you  are 
strictly  enjoined  to  lose  no  time  in  submitting  the  circumstances  for 
his  approval ;  and  you  are  to  transmit  a  certified  copy  of  such  approval 
with  your  annual  account. 

X.  When  your  accounts  are  transmitted  to  the  Treasury  by  the 
Secretary  of  State  in  conformity  to  the  provisions  of  the  Consular  Act, 
they  will  be  forwarded  to  the  Commissioners  for  auditing  the  Public 
Accoiints,  by  whom  they  will  be  examined ;  and  you  are  desired  to 
bear  in  mind  that  no  item  of  expenditure  will  be  passed  by  that  Board, 
unless  the  payment  shall  have  been  previously  authorised,  or  subse- 
quently sanctioned  by  the  Lords  Commissioners  of  Her  Majesty's  Trea- 
sury, or  by  the  Secretary  of  State  for  Foreign  Affairs.  You  will,  therefore, 
be  attentive  in  forwarding  regularly  the  necessary  authorities  with  your 
accounts. 

RELIEF    OF    BRITISH     SUBJECTS. 

XI.  The  abstract  of  disbursements  for  the  relief  of  distressed 
British  subjects,  which  is  to  accompany  your  account,  is  to  be  made 
out  according  to  the  annexed  Form,  No.  2. 

XII.  You  are  desired,  in  granting  such  relief,  to  confine  yourself  as 
much  as  possible  to  the  expenses  attending  the  forwarding  to  their 
own  country,  by  the  first  convenient  opportunity,  of  such  British  sub- 
jects who  may  be  destitute,  and  who  may  apply  to  you  for  that  pur- 
pose, or  Avho  may  be  delivered  over  to  you  by  the  local  authorities  ; — 
and  to  such  further  expenses  for  their  subsistence  as  may  be  abso- 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  27 

lately  necessary,  tmtil   such   opportunity  of  forwarding  them  home 
may  occur. 

In  case  of  the  refusal  of  the  party  applying  to  you,  to  avail  himself  of 
such  opportunity,  you  will  (excepting  in  cases  of  absolute  necessity) 
refuse  all  further  assistance  from  that  time ; — and,  in  sending  the 
parties  home  you  will  endeavour,  in  every  instance,  to  make  a  final 
arrangement  and  payment  of  the  whole  of  the  expenditure  to  be  in- 
curred up  to  the  time  of  the  arrival  of  the  individual  in  this  country, 
so  as  to  avoid  the  necessity  of  bills  being  draAvn  for  passage-money,  or 
subsistence,  by  the  captain  of  the  vessel,  or  by  a  merchant  at  the  out- 
port  in  England  on  the  arrival  of  the  vessel,  it  being  desirable  that  the 
whole  of  the  expenditure  incurred  in  these  respects  should,  if  possible, 
be  included  in  your  account. 

XIII.  You  are  not,  excepting  under  the  most  urgei^t  circumstances, 
to  grant  casual  or  occasional  relief  to  British  subjects  employed  as 
artificers  and  servants,  or  otherwise  domiciled  abroad,  and  not  intend- 
ing to  return  to  their  own  country.  In  granting  relief  to  persons  of 
this  description,  you  vdll  be  held  responsible  for  confining  yourself  to 
cases  where  the  parties  would  be  otherwise  left  absolutely  destitute  of 
support,  and  for  limiting  the  relief  to  a  bare  provision  for  their  im- 
mediate siibsistence.  You  will  also  make  it  a  condition  of  granting 
such  rehef,  that  the  party  is  not  to  apply  to  you  a  second  time,  and  you 
will  make  the  best  arrangements  in  your  power  to  prevent  the  possi- 
bility of  a  repetition  of  such  relief  becoming  necessary.  In  every  in- 
stance, also,  in  which  you  may  have  considered  yourself  justified  in 
granting  any  pecuniary  assistance  to  British  subjects,  otherwise  than 
for  the  purpose  of  their  immediate  return  to  their  own  country,  you 
will  report  the  circumstances  of  the  case  to  the  Secretary  of  State  in 
the  explanatory  letter  which  will  accompany  your  annual  accovmt. 

XIV.  In  support  of  the  advances  which  you  may  make  under  the 
provisions  of  the  10th,  11th,  12th,  and  13th  sections  of  the  Act,*  the 
production  of  the  order  of  the  Secretary  of  State  for  the  payment  of 
the  money  will  be  indispensable,  together  with  the  receipt  of  the  trea- 
surer, trustees,  or  other  persons  duly  authorised  to  receive  the  same  ; 
and  you  will  also  transmit,  together  with,  your  annual  account,  an 
account  (also  in  duplicate)  for  a  corresponding  period,  of  all  sums  con- 
tributed or  raised  for  the  purposes  specified  in  the  above  clauses  of  the 
Act,  signed  by  such  trustees,  or  other  competent  persons,  and  ap- 
proved by  yourself.  With  respect  to  the  application  of  the  moneys 
raised  under  the  above  Act,  it  is  presumed  that  the  disbursements  will 
not  in  general  be  made  by  yourself,  but  by  the  trustees,  etc.,  of  the 
subscription  fund ;  and  as    the  propriety  of  the  charges   under  this 

*  Vide  Appendix. 


28  THE    DUTIES    OP    A    CONSUL    GENERALLY. 

head  will  be  best  ascertained  by  yourself  on  the  spot,  which  you  are 
required  carefully  to  do,  you  will  not  be  expected  to  annex  to  your 
accomits  the  receipts  and  under-vouchers  relative  to  this  head  of  ex- 
penditure. It  mil  be  sufficient  for  you  to  inclose  a  detailed  state- 
ment of  the  particulars  of  the  same,  with  a  certificate  from  yourself 
annexed  thereto,  to  the  effect  that  you  have  examined  the  whole  with 
the  vouchers  in  the  hands  of  the  trustees,  and  that  you  believe  the 
account  to  be  correct. 

XV.  You  will  be  allowed  to  charge  the  expense  of  such  postage 
only  as  may  arise  from  your  communications  with  the  Audit  Office,  on 
the  subject  of  your  accounts  ;  and  you  are  required  to  certify,  at  the 
foot  of  the  abstract  in  which  any  charge  of  this  description  is  con- 
tained, that  the  amount  has  been  actually  paid  by  you,  and  that  the 
letters  or  packets  in  respect  of  which  the  charge  has  arisen,  were  all 
on  the  public  service,  and  arising  out  of  such  communications  as  are 
above  mentioned. 

XVI.  Consuls  will  be  allowed  to  charge  a  commission  of  2^  per 
cent,  on  their  expenditure,  provided  they  do  not  receive  any  salary 
or  allowances  in  respect  of  their  appointment,  other  than  the  fees 
which  they  are  authorised  to  take  pursuant  to  the  fourth  section  of 
the  Act ;  but  no  commission  will  be  allowed  to  those  Consuls  who 
receive  a  salary,  excepting  such  commission  as  they  are  allowed  to 
charge  in  their  accounts  with  the  Navy  Board. 

XVII.  As  it  is  intended  that  the  Consuls  shall  be  the  sole  account- 
ants to  Government,  and  that  the  whole  of  the  expenditure  within 
their  jurisdiction  shall  pass  through  their  hands,  you  will  instruct 
your  Vice-Consuls  not  to  draw  bills  upon  the  Treasury  (by  which 
they  become  separate  accountants).  At  the  same  time,  you  must 
endeavour  to  avoid  introducing  into  your  account  for  any  year,  pay- 
ments made  by  your  Vice-Consuls  in  any  former  year,  making  such 
arrangements  with  them  as  to  their  drawing  upon  you  for  their 
salaries  or  otherwise,  and  also  as  to  their  sending  in  their  accounts  to 
you,  as  will  enable  yoii  to  include  the  whole  of  their  expenditure  for 
each  year  in  your  own  account  for  that  year. 

Foreign  Office,  1846. 


THE    DUTIES    OP    A    CONSUL    GENERALLY. 


29 


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THE    DUTIES    OF    A   CONSUL    GENERALLY. 


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THE    DUTIES    OP    A    CONSUL    GENERALLY. 


31 


INSTRUCTIONS   TO   CONSULS   RELATING  TO    MATTERS  AF- 
FECTING  THE   BRITISH   MERCANTILE   MARINE. 

UNDER   "  THE  MERCHANT   SHIPPING   ACT,    1854." 

Prepared  by  the  Board  of  Trade,  and  approved  by  H.M.  Secretary  of  State 
for  Foreign  Affairs. 


TABLE   OF  CONTENTS. 


SUBJECT. 


Page. 


10 
11 
12 

13 
14 
15 

16 


17 
18 


19 
20 
21 


Preliminary. 

Preliminary  ......... 

Former  Instructions  repealed       ...... 

Explanation  of  Instructions 

British  Ships. 

Ownership. 

British  Ownership  sole  qualification.     Definition  of  British 
Ownership        ......... 

Declarations  of  Ownership  ....... 

Registry,  and  Certificates  of  Registry. 

System  of  Registry      ........ 

Ships  which  are  subject  to  the  new  law       .         .         .         . 

Particulars  required  before  Registry    ..... 

Certificate  of  Registry  ....... 

Numbers  of  Certificates  of  Registry     ..... 

Character  and  purpose  of  Certificate  of  Registry  . 

Duty  of  Consul  with  respect  to  the  Certificate  on  change  of 

Master 

In  case  of  loss,  destruction,  or  transfer  to  foreigner     . 
In  cases  where  the  Certificate  is  improperly  used 
Provisional  passes  from  one  part  of  Her  Majesty's  dominions 

to  another         ... 
General  index      .         .         .         .         .         .         ... 

Flags  to  be  carried  by  British  Ships. 

Flags  to  be  carried  by  British  ships 

Steps  to  be  taken  when  improper  flags  are  carried 

Simulation  or  Concealment  of  National  Character. 

Penalties  for  false  assumption  or  concealment  of  National 
character .         . 

British  Owners,  not  registering,  to  have  the  liabilities,  but 
not  the  benefits  of  British  law ...... 

Rule  of  international  law 


37 
38 
38 


38 
39 


40 
40 
40 
40 
41 
41 

42 
42 
42 

43 
43 


43 
43 


44 


45 
45 


32 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


Paragraph. 


22 

23 

24 
25 
26 
27 
28 
29 
30 
31 
32 


33 


34 
35 
36 
37 
38 
39 
40 
41 
42 


43 

44 


45 
46 
47 
48 
49 
50 
51 
52 
53 
54 
55 
56 
57 
58 
59 


Purchases,  Mortgages,  and  Sales  at  Foreign  Ports. 

Purchase  of  ships  by  British  Owners  at  a  Foreign  Port,  and 

grant  of  a  Provisional  Certificate  by  Consul 
Mortgages  and  Sales  of  ships  in  Foreign  Ports 
Certificates  of  Sale  and  Mortgage 
Duty  of  Consul  in  respect  of  Mortgage  made  under  Cei'tificate 
Transfer  of  Mortgage  made  under  Certificate 
Discharge  of  Mortgage  made  under  a  Certificate  . 
Certificate  of  Mortgage  to  be  re-delivered  to  Registrar. 
Duty  of  Consul  in  respect  of  Certificates  of  Sale  . 
Revocation  of  Certificates  of  Sale  and  Mortgage  . 
Insti'uments  should  be  in  Forms  given  in  Schedule  to  Act 
Book  to  be  kept  for  above  particulars  .         .         .         .         . 

Masters  and  Seamen. 
General. 
General,  duties  as  regards  the  crews  of  British  ships    . 

General  Cognizance  by  Consul  of  Masters  and  Crews,  and 
steps  to  be  taken  on  their  arrival. 

Cognizance  of  masters  and  crews 
Documents  to  be  delivered  to  Consul  . 
Consul  to  be  careful  in  making  indorsements 
Complaints  to  Consul  ...... 

Power  of  seamen  to  complain  of  provisions  and  water 
Powers  of  inquiiy        ...... 

Notice  of  epidemic  diseases,  distui'bances,  etc.     . 
Notice  of  local  regulations    ..... 

Register  book  of  ships  coming  to  the  port   . 

Agreements  with  Seamen. 

Agreements  with  seamen     ..... 
Alterations  in  agreements   ..... 

Seamen  discharged  or  left  abroad. 

Leaving  seamen  abroad        .... 
Forcing  men  ashore      ..... 
On  change  of  ownership       .... 
In  all  cases  application  to  be  made  to  Consul 
Sanction,  how  to  be  gi-anted  in  case  of  discharge 
When  applied  for  on  ground  of  misconduct 
WTien  applied  for  on  ground  of  ill-treatment 
When  applied  for  on  ground  of  inability 
Certificate  to  be  indorsed  on  agreement 
Penalties  accruing  in  default  of  sanction 
Certificate  of  discharge,  etc.,  to  be  given 
Wages  to  be  settled     .... 
Principles  on  which  amount  is  to  be  determined 
Whenever  the  seaman  is  provided  with  other  employment 
If  the  man  is  to  be  left  on  the  Consul's  hands,  an  account 
of  his  wages  must  be  given 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


33 


Paragraph. 


SUBJECT. 


60 
61 

62 
63 
64 


65 
66 
67 
68 
69 
70 
71 
72 
73 
74 
75 
76 
77 
78 
79 
80 
81 


82 
83 
84 
85 
86 
87 
88 
89 


90 

91 

92 
93 
94 
95 
96 

97 


100 


Balance  to  be  paid  to  Consul        ...... 

Money  received  as  wages,  etc.,  how  to  be  accounted  for  and 
paid  ...... 

Case  of  wages,  etc.,  paid  by  bill  . 

In  case  of  death  ..... 

Certificate  to  be  indorsed  on  agreement 

Relief  of  distressed  Seamen. 

Persons  to  be  relieved  .... 

Men  falling  sick   ..... 

Men  injured  in  service  of  ship 

Men  shipwrecked.         .... 
j  Foreign  seamen  in  British  ships  . 
i  One  shilling  a  day  the  limit  of  subsistence  money 
j  Vouchers  for  such  payments 
!  Boarding  distressed  seamen  allowed     . 
I  Clothing  may  be  supplied    . 
I  Bedding       ...... 

Medical  assistance        .... 

Accounts  of  clothing  and  medicine 

Extraordinary  expense 

Subsistence  list    ..... 

Register  of  distressed  seamen 

Expenses  incurred  by  Foreigners  in  relieving  British  subjects 

Saving  of  life,  etc.,  by  Foreigners,  to  be  reported 

Sending  distressed  Seamen  home. 

Men  in  distress  to  be  sent  home  as  soon  as  possible 
Ships  to  be  chosen  for  this  purpose 
Indorsement  on  articles       ..... 
Expense,  how  to  be  paid      .         . 
Treatment  of  men  on  board         .... 
Steps  to  be  taken  in  case  of  refusal  to  take  the  men 
Foreign  ships  may  be  used  in  cases  of  emergency 
Recovery  of  expenses  from  owners 

Wages  and  Effects  of  deceased  Seamen. 

Master  to  account  for  wages  and  effects  of  men  dying  during 
a  voyage  .......... 

In  certain  cases  of  death  at  sea,  the  Consul  is  to  demand 
and  receive  the  wages,  etc. 

Expenses  attendant  on  illness  or  death 

Advance,  no  charge  on  effects 

Consul  to  give  receipt 

Effects — how  to  be  dealt  with     . 

Money  and  effects  of  seamen  belonging  to  a  Bi'itish  ship 
dying  at  the  port     ....... 

Wages  and  effects  of  seamen  dying  within  the  Consulate 

Seamen's  wills     ........ 

Estates  and  Effects  of  Masters     ..... 


Discipline. 


General  duties 


Page. 


57 

57 
58 
58 
58 


58 
59 
59 
60 
60 
60 
61 
61 
61 
61 
61 
61 
62 
62 
62 
62 
63 


63 
63 
63 

64 
64 
64 
65 
65 


65 

66 
66 
67 
67 
67 

67 
68 
68 
68 


69 


34 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


Paragraph. 


Desertion. 


101 
102 


103 
104 
105 
106 
107 

108 


109 
110 
111 
112 
113 
114 
115 
116 
117 
118 
119 
120 
121 
122 
123 


124 

125 
126 

127 

128 
129 
130 
131 
132 
133 
134 
135 

136 


137 

138 


Recovery  of  deserters  ........ 

Further  steps  in  case  of  desertion        ..... 

Interference  of  Foreign  Courts  of  Justice. 

Interference  of  Foreign  Com-ts    ...... 

Local  police  laws  and  regulations         ..... 

Offences  punishable  both  by  the  local  and  by  British  law    . 
Imprisonment  in  Foreign  ports   ...... 

Except  as  above-mentioned,  a  British  ship  carries  British 
law  with  her    ......... 

British  seamen  serving  on  board  Foreign  ships    . 

Naval  Courts. 

Cases  and  mode  of  summoning  Naval  Courts 

In  cases  of  dispute  and  breach  of  duty 

In  cases  of  wreck  and  loss  . 

Persons  to  constitute  the  Coui-t 

Mode  of  proceeding 

Power  to  supersede  a  Master 

Power  to  discharge  seamen 

Power  to  decide  questions  as  to  wages 

Power  to  send  criminals  for  trial 

Power  to  award  costs  .... 

Costs  may  be  charged  in  some  cases     . 

Mode  of  framing  orders 

Orders  to  be  entered  in  Official  Log     . 

Report  to  be  made  to  Board  of  Trade 

Penalties  for  obstructing     . 

Crimes  committed  on  the  High  Seas  and  Abroad. 

Mode  in  which  such  offences  may  be  tried  if  committed  by 

persons  belonging  to  a  British  .ship 
Jurisdiction  of  Foreign  Courts    . 
Proceedings  to  be  taken  by  Consul 
Offenders   to  be  sent  home  in  aggravated  cases  only,  or 

where  an  undertaking  is  given  for  the  expenses 
Witnesses  must  be  sent        ..... 
To  what  place  the  offender  is  to  be  sent 
In  what  ships  they  are  to  be  sent  , 

Offenders  and  witnesses  to  bo  kept  in  the  meantime 
Deposition  before  Consul      ..... 
Deposition,  how  to  be  taken         .... 
If  made  in  foreign  language         .... 
Facilities  for  cross-examination,  &c.,  to  be  given  to  accused 

parties      .... 
Originals  to  bo  sent 


Wreck  and  Salvage. 

Wrecks  and  Casualties. 
Notice  of  wrecks,  losses,  etc. 
Consuls  to  give  assistance    , 


THE   DUTIES    OF    A    CONSUL    GENERALLY. 


35 


Interference  authorized  by  treaty 

Consul  not  to  interfere  with  Masters  or  Agents 

Assistance  to  persons  on  board  wrecked  vessel 

Salvage  expenses  ,         .  .         . 

Voluntary  agreement  for  salvage 

Consul  to  claim  and  preserve  goods     . 

Goods  lost  or  damaged  at  sea 

Papers  saved         ..... 

Communication  to  interested  parties   . 

Sale  of  wrecked  articles 

Admission  of  wrecked  goods  for  consumption 

General  average  ..... 

Fees  and  expenses        .... 

Certificate  of  Registry 

Summoning  a  Naval  Court 

Upon  every  wreck,  etc.,  report  to  be  made  to  Board  of  Trade 

Salvage  by  Her  Majesty's  Shijis. 
General  object  of  the  enactments 
Salvors  to  take  ship  to  port  where  there  is  a  Consul 
Salvor  and  Master  to  furnish  Consul  with  statement 
Consul  to  fix  amoimt  of  bond       .... 
Consul  to  cause  boud  to  be  prepared  . 
Additional  security  if  ship  is  owned  by  Foreigners 
Consul  to  transmit  statements,  etc.,  to  Court  of  Admiralty 

Correspondence. 
Correspondence  with  Board  of  Trade  .... 


Accounts. 

Accounts,  how  to  be  kept    .         .         .         . 

To  be  transmitted  quarterly 

Forms  to  be  adhered  to        ...         . 

Vouchers  to  be  translated    .         .         .  . 

And  to  be  numbered  .         .  .  .         . 

Steps  when  vouchers  cannot  be  procured     . 

Vice-Consul's  disbursementa 

Postage         ....... 

Bill  to  be  drawn  for  balance  due  to  Consul 
Balance  due  from  Consul  to  be  remitted 


Fees  and  Remuneration. 

Table  of  fees 

Consuls  not  to  press  certain  ofBces  on  Ship  Masters    . 
But  to  warn  them  of  consequences  of  neglect 
Return  of  fees  to  be  made  to  Secretary  of  State  . 
No  exti'a  charge  to  be  made  in  respect  of  matters  incidental 
to  official  duties        .         .         .         . 

Miscellaneous. 

Passenger  ships   ......... 

Detention  of  ships  by  foreign  authoritiob      .... 


80 
80 
81 
81 
81 
81 
81 
81 
82 
82 
82 
82 
83 
83 
83 
83 


83 
83 
84 
85 
86 
86 
86 


87 
87 


89 


89 
89 
89 
90 

90 


90 
90 


36 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


Paragraph. 


180 
181 
182 
183 
184 


Power  of  Master  to  sell  a  ship      .         .         .... 

Notices  of  lights  and  other  matters  affecting  navigation 
Misconduct  of  Masters  to  be  reported  .... 

Piracies  to  be  reported         ....... 

Numbers  of  ships  and  Certificates  of  Masters  and  Mates  to 
be  stated.  ......... 


Page. 


91 
91 
91 
91 

91 


APPENDIX. 


C.  1. 
C.  2. 
C.  3. 
C.  4. 

C.  5. 

C.  6. 
C.  7. 
C.  8. 
C.  9. 
C.  10. 
C.  11. 
C.  12. 


C.  13. 


c. 

14 

c. 

15 

c. 

16 

c. 

17. 

c. 

18. 

c. 

19. 

c. 

20. 

c. 

21. 

TITLE   OR   DESCRIPTION. 


Paragraphs 
iu  which 
referred  to 

■  II  Text. 


Former  instructions  repealed       ......  2 

Provisional  Certificate  of  Registry       .....       22 

Entry  of  Discharge  of  Mortgage  on  Certificate  of  Mortgage        27 
Drawing  of  Ensign  or  Colour  to  be  worn  on  board  all  British 

Merchant  Ships        ........ 

Drawing  of  the  Flag  to  be  hoisted  by  all  British  Vessels  for 

a  Pilot 

Register  Book  of  British  Ships  entering  Consuls'  ports 
Sanction  of  Engagement  of  seamen      ..... 

Attestation  of  alteration  of  agreement  .... 

Certificate  to  be  indorsed  on  agreement  in  case  of  discharge 
Certificate  to  be  indorsed  on  agreement  in  cases  of  desertion 
Certificate  of  Discharge  (E.)         ...... 

Account  of  Wages  and  Effects  of  a  Seaman  left  behind  at  a 

Foreign  jjort,  on  the  ground  of  inabiUty  to  proceed  on  the 

voyage  from  sickness  or  other  causes       .... 
Account  of  wages  received  and  expenses  paid  by  Consul  for 

a  seaman  who  has  recovered,  showing  the  balance  (if  any) 

paid  to  him  on  his  leaving  theport  or  getting  employment 

Account  of  receipts  and  disbursements  for  a  seaman  who 

has  died  while  under  Consul's  charge  .... 

Account  of  wages  and  effects  of  a  deceased  seaman,  to  be 

delivered  by  the  Master  of  the  ship  to  the  Consul  at  a 

Foreign  port,  when  the  ship  is  not  returning  dkect  to  the  1 1    o  q,. 

United  Kingdom J  &  y/ 

Consul's  Oi'der  for  conveyance  of  distressed  British  seamen, 

with  Declaration  and  Certificate  of  their  landing 
Document  to  be  sent  to  Shipping  Master  when  a  deceased 

seaman's  effects  are  sent  by  Consul  to  United  Kingdom  . 
Account  of  Expenses  incurred  by  Consul,  for  which  Owners 

are  liable  ......... 

Register  Book  of  Names,  etc.,  of  Distressed  British  Seamen 

taken  charge  of  and  relieved  by  Consul    .... 

Subsistence  List  (17  and  18  Vict.,  c.  104,  s.  211) 

Account  of  payments  for  clothing  supplied  by  Consul  to 
distressed  British  seamen 


17 

17 

42 

43 

44 
53&64 
103 

55 


59&61 


61 

96&97 

I  91,94, 
95, 


84 


95 

67,  68, 


{'> 


79 
1 62,  71, 
I  &  78 


76 


THE    DUTIES    OF    A    CONSUL    GENEKALLY. 


37 


No. 


C.  22. 
C.  23. 

C.  24. 
C.  25. 

C.  26. 

C.  27. 
C.  28. 

C.  29. 


TITLE  OR   DESCRIPTION. 


C.  30. 


Account  of  expenses  paid  by  Consul  for  medical  assistance 
to  distressed  British  seamen    ...... 

Account  of  Travelling  Expenses  paid  by  Consul  for  distressed 
British  Seamen         ........ 

Accoiint  of  Postages  paid  by  Consul  on  business  connected 
with  Board  of  Trade         ....... 

Account  of  proceeds  of  sale  of  effects,  and  of  money  in  pos- 
session of  seamen  who  have  died  while  under  Consul's 
charge      .......... 

Form  of  account  current     ....... 

Form  of  bill  on  Board  of  Trade  ...... 

Form  of  security  for  salvage  by  persons  residing  in  Fox-eign 
ports        .......... 

Order  in  Coimcil  containing  Table  of  Fees  to  be  taken  by 
Consuls : 

Pakt  I. — In  respect  of  matters  provided  for  by  instruc- 
tions, and  in  which  Consul's  intei'position  is  re 
quired  by  law. 
Part  II. — In  respect  of  matters  referred  to  in  instruc- 
tions, but  in  which  Consul's  interposition  is  to  be 
given  only  when  required  by  parties  interested. 
Part  III. — In  respect  of  matters  not  provided  for  in 
the  instructions. 
Annual  Statement  of  the  gross  amount  of  fees  and  remu- 
neration received  at  Consulate  .         .         .         .         . 


76 


170 


97 
(61,62, 
(&163 
171 

160 


151, 
163, 

& 
173 


176 


CONSULS'  INSTRUCTIONS,  etc. 


Preliminary. 

1.  The  following  instructions  relate  to  matters  affecting  Pieliminaiy. 
the  British  Mercantile  Marine,  which  by  recent  Legislation, 
and  especially  by  the  Merchant  Shipping  Act,  1854,*  (a  copy  17  &  is  vict. 
of  which  is  annexed  to  these  Instructions,)  have  been  placed  ^' 
under  the  general  superintendence  of  the  Board  of  Trade. 

In  framing  them,  the  substance  of  those  parts  of  the  Act 
which  specially  relate  to  the  Consuls'  duties  has  been  ex- 
tracted, and  where  the  case  admits  of  it,  special  directions 
are  given  as  to  the  details  of  the  business  to  be  transacted 
by  the  Consul,  and  as  to  the  mode  in  which  the  powers 
vested  in  him  should  be  exercised.  He  will,  however,  re- 
member, that  the  Instructions  do  not  dispense  with  the 
*  Vide  Preface. 


38  THE    DUTIES    OF    A    CONSUL   GENERALLY. 

obligation  under  which  he  lies  of  making  himself  acquainted 
with  the  Act  itself.  The  Act  is  not  a  codification  of  the 
Avhole  law,  written  and  unwritten,  relating  to  British  merchant 
ships  and  merchant  seamen ;  but  a  consolidation  and  amend- 
ment of  the  Statute  Law  upon  these  subjects.  The  Common 
Law,  except  where  altered  by  Statute,  remains  still  in  forcQ. 
17  &  18  Vict.  The  former  Acts  are  repealed  by  the  Merchant  Shipping 
'''  '^*''  Repeal  Act,  1854,  a  copy  of  which  is  also  annexed.* 

Former  In-  2.  The  Consul  will  find  that,  in  consequence  of  the  passing 
repeaVed!^  of  the  recent  Acts,  and  of  the  issue  of  the  present  Instruc- 
Form(C.  1)  tions,  the  Instructions  and  documents  mentioned  in  Form 
ni^  ppen-     ^^   j^  ^^  ^^^  Appendix  are  superseded. 

Explanation      3.  The    Paragraphs   in  these    Instructions  are  numbered 

t/on"!''^"'^     for  facility  of  reference,  and  marginal  notes  are  added  with 

references  to  the  Acts  of  Parliament,  Orders  in  Council,  etc. 

Where  these  references  contain  the  number  of  the  section 

only,  the  reference  is  to  the  Merchant  Shipping  Act,  1854. 

In  the  Appendix  to  the  Instructions  will  be  found  various 
Forms  to  be  used  by  the  Consul.     These  forms,  as  well  as 
those  contained  in  the  Schedule  to  the  Act,  must  be  strictly 
adhered  to  when  the  occasions  for  using  them  arise, 
s.  2.  The  Consul  will  see  that  the  Avord  "  Consular  Officer"  in 

the  Act  inchides  Consul-General,  Consul,  Vice-Consul,  and 
any  person  for  the  time  being  performing  the  duties  of  any 
of  those  officers.  The  word  Consul  is  used  in  the  same 
manner  in  these  Instructions,  which  must,  so  far  as  concerns 
the  relative  position  and  duties  of  the  officers  above  men- 
tioned, be  construed  according  to  the  regulations  concerning 
the  relations  between  them  for  the  time  being  in  force.  The 
Consul  will  also  see  that  throughout  the  Instructions  the 
word  "Seaman"  is  intended  to  include  every  person  em- 
ployed to  serve  in  any  capacity  on  board  ship. 

British    Ships. 

OwnersJiip. 

British  Own-      4.  The  recent  changes  in  the  laws  relating  to  navigation 

quaiifica-^     have  removed  many  of  the  conditions  formerly  requisite  to 

tion.  entitle  a  ship  to  carry  the  British  flag,  and  to  claim  British 

privileges  and  protection.     A   ship  may  now  be  a   British 

ship,  and  yet  have  been  built  at  a  Foreign  port,  and  be 

manned  and  commanded  by  foreigners.     The  sole  requisite 

which  remains  is,  that  she  be  owned  by  persons  who  owe 

*  Vide  Preface. 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  39 

allegiance  to  the  British  Crown,  and  are  subject  to  British 
law.     These  persons  are  defined  to  be, — 

(a).  Natural-born    subiects,   who    have   not   sworn   alle-  Definition  of 

T^         •  o  ,        ,        .  ,  ,  British  Own- 

glance  to  any  b  oreign  State,  or  who,  having  done  so,  have  ership. 
subsequently  sworn  allegiance  to  Her  Majesty.  ^'  '^' 

(b).  Persons  who  have  been  made  denizens  or  naturalized, 
and  have  subsequently  sworn  allegiance  to  Her  Majesty. 

(c).  Bodies  corporate,  subject  to  the  laws  of,  and  having 
their  principal  place  of  business  in  some  part  of  Her  Majesty's 
dominions. 

And  with  respect  to  natural-born  subjects  who  have  sworn 
allegiance  to  any  Foreign  State,  and  to  persons  who  have 
been  made  denizens  or  naturalized,  it  is  required,  as  a  further 
condition,  that  they  shall  either  be  resident  in  the  British 
dominions,  or  members  of  a  British  factory,  or  partners  in  a 
house  actually  carrying  on  business  in  the  British  dominions. 

5.  For  the  purpose  of  ensuring  compliance  with  the  law,  Declarations 
which  defines  the  necessary  conditions  of  British  ownership,  ship.^""^"^"^ 
and  also  for  the  purpose  of  making  correct  entries  in  the  s.  38,  39,  4o, 
Register  Books  of  the  particulars  which  constitute  a  title  to  ^^'^^'  '"^' 
shipping,  certain  declarations  and  certificates  are  required  on 
the  first  registry  of  a  ship,  on  transfers  and  transmissions  of 
ships  or  shares  in  ships,  and  on  transmission  of  interest  in 
mortgages.     Forms  of  these  documents  are  contained  in  the 
Schedule  to  the  Act,  and  are  therein  marked  B.,  C,  F,,  G.,  H., 
and  L.     They  must,  if  made  by  persons   resident   in  Her 
Majesty's  dominions,  be  subscribed  before  the  Registrar  or 
some   Justice  of  the   Peace,  as  mentioned  in  the  sections 
referred  to  in  the  margin ;  but  where  they  are  to  be  made  in 
Foreign  countries  they  may  be  made  before  a  Consul.    When  s.  si. 
application   is    made   to    the    Consul  for  this   purpose,   he 
wUl  see  that  the  instrument  is  in  the  proper  form,  and  con- 
tains all  the  particulars  required  in  each  case  ;  he  Avill  point 
out  to  the  parties  the  meaning  of  those  statements  which 
relate  to  their  character  as  British  subjects,  and  he  will  warn 
them  that  for  any  false  statement  on  this  point  the  declarant 
is  guilty  of  a  misdemeanor,  and  that  the  interest  in  respect  s.  103. 
of  which  the  declaration  is  made  is  liable  to  forfeiture.     He 
Avill  himself  witness  and  attest  the  document  and  affix  his 
Consular  seal.     If  he  is   aware  that  any  statement  in  the 
document  is  false  or  erroneous,  he  will  refuse  to  attest  it 
unless  corrected ;  and  if  he  has  reason  to  believe  this  to  be 
the  case,  but  has  no  means  of  satisfying  himself  on  the  point, 


40    '  THE    DUTIES    OF   A    CONSUL    GENERALLY. 

lie  will,  if  the  parties  insist  on  signing  the  document,  commu- 
nicate his  suspicions  to  the  Commissioners  of  Customs  in 
London. 

s.  97.  If  in  any  case  a  declaration  cannot  be  made  in  the  form 

and  with  the  particulars  required,  the  Consul  will  annex  to 
it  and  sign  a  memorandum  of  the  variation  and  of  the  rea- 
sons for  it. 

s.  99.  The  Consul  will  note,  that  in  certain  cases  of  inability, 

referred  to  in  the  99th  section  of  the  Act,  certain  persons  are 
allowed  to  make  declarations  on  behalf  of  the  parties  prin- 
cipally interested. 

Registry  and  Certificates  of  Registry. 
System  of         G.  For  the  purpose  of  ascertaining  British  ownership,  and 
S.Ti)^  determining  the  right  to  use  the  British  flag,  as  well  as  for 

other  purposes,  the  system  of  Ship  Registry  is  continued, 
though  in  a  modified  form.     With  the  actual  registering  of 
Ships,  except  in  the  points  referred  to  below,  the  Consul  will 
have  little  to  do  :  but  his  special  attention  is  called  to  the 
means  which  the  system  of  Registry  affords  of  distinguishing 
and   identifying  a  British    Ship ;  and  his    attention  is  also 
called  to   the  rule,  that  with  the  exceptions  mentioned  in 
paragraphs  2  and  3,  of  S.  19.,  no  ship  is  entitled  to  the  privi- 
leges of  a  British  Ship  unless  duly  registered. 
Ships  which      7.  Ships  registered  before  the  1st  May,  1854,  are  not  re- 
the  mjw^Lw^quii'S'l  by  the  Act  to  be  registered  anew,  but  every  registra- 
'^^  ^^-  tion  of  a  ship  which  takes  place  after  that  day,  whether  the 

ship  has  been  previously  registered  under  the  old  law  or  not, 
is  subject  to  the  new  law. 
Particulars        §.  Xhe  new  law  requires  the  following  particulars  before 

required  by  . 

s.  25.  registry : 

(a).  The  number  denoting  the  Register  tonnage,  and  also 
the  official  number  of  the  Certificate  of  Registry,  explained 
below  (paragraph  10),  must  be  deeply  carved  or  otherwise 
permanently  marked  on  the  main  beam. 

s.  34.  (&).  The  name  of  the  ship,  and  of  the  Port  of  Registry,  are 

to  be  painted  on  a  conspicuous  part  of  her  stern,  on  a  dark 
ground,  in  white  or  yellow  letters,  not  less  than  four  inches 
in  length.  These  names  must  not  be  concealed  or  obli- 
terated, except  for  the  purpose  of  escaping  capture  by  an 
enemy ;  and  the  ship  must  not  be  described,  by  or  with  the 
knowledge  of  the  owner  or  master,  by  any  other  name. 

Sutry!^"*^     9-  Every  British  ship  will,  when  registered,  receive  a  Cer- 

S.  44. 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  41 

tificate  of  Registry  in  the  form  marked  D.  in  the  Schedule  to 
the  Act,  which  will  contain, — 

(a).  The  name  of  the  ship  and  Port  of  Registry : 
(b).  The  name  of  the  master,  and  the  number  of  his  Certi- 
ficate of  Competency  or  Service  (if  any)  : 

(c).  Various  details  concerning  her  tonnage,  build,  and 
description,  set  forth  in  the  Certificate  of  Survey  by  the 
Measuring  Officer,  which  will  be  in  the  form  marked  A.  in 
the  Schedule  to  the  Act : 

(d).  Details  concerning  the  origin  and  buUd  of  the  ship  : 
(e).  The  names  and  description  of  the  owners,  and  the  pro- 
portions in  which  they  are  interested. 

10.  Certificates  of  Registry  mUI  be  numbered  in  one  per- Numbers  of 
petual  and  consecutive  series  for  all  ships  in  the  British  orRegit'try. 
Empire,  and  each  number  when  once  given  and  placed  on 

the  Certificate  wUl  remain  without  change  as  long  as  the 
ship  is  in  existence,  and  continues  to  be  a  British  ship.  This 
official  number  will,  it  is  expected  and  intended,  constantly 
be  used  to  designate  the  ship,  without  any  further  name  or 
description.  The  Consul  will,  however,  in  mentioning  a  ship 
in  official  letters  and  documents,  always  specify  the  name 
and  port  of  registry,  as  well  as  the  official  number.  Every 
existing  Certificate  of  Registry  will  be  stamped  with  this 
number  as  soon  as  there  is  an  opportunity  of  so  doing. 

11.  It  cannot  be  too  strongly  impressed  upon  the  Consul  Character 
that  a  Certificate  of  Registry  is  not,  under  the  new  Act,  any  of  Ce^rtiTcate 
evidence  of  title ;  and  that  although  provision  is  made  for  °^  f^^g's^'^v- 
having  the  names  of  the  owners  indorsed  upon  the  Certificate 
whenever  it  is  possible  to  do  so,  yet  it  will  very  frequently 
happen  that  sales  may  have  taken  place,  either  at  home  or 
abroad,  which  cannot  be  indorsed  upon  the  Certificate,  and 

also  that  no  mortgages  whatever  will  ever  be  officially  in- 
dorsed upon  it.  Persons  who  wish  to  purchase  or  advance 
money  on  ships,  must  look  for  their  title,  not  to  the  Certifi- 
cate of  Registry,  but  either  to  the  Book  of  Registry,  which 
is  kept  at  the  Port  of  Registry,  or  to  the  Certificates  of  Sale 
and  Mortgage  hereinafter  mentioned. 

The  object  of  the  Certificate  of  Registry  is  to  show  the  nationals,  so. 
character  of  the  ship,  and  it  is  only  to  be  used  for  the  lawful 
navigation  of  the  ship.  It  must,  therefore,  always  remain  with 
the  ship  so  long  as  she  remains  a  British  ship,  and  must  have 
the  name  of  the  master  for  the  time  being  written  or  in- 
dorsed upon  it. 


42  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

The  Consul  will  have  certain  special  duties  connected  with 

this  document,  which  are  as  follows  : — 

Duty  of  Con-      12.  Whenever  the  Master  of  a  British  ship  is  changed  at  a 

specVto /he   Foreign  port,  it  will  be  the  Consul's  duty  to  require  the  Cer- 

Certiflcate     fiflj-^te  to  be  produced  to  him,  to  indorse  upon  it  and  sign  a 

on  cliange  oi  ^  '  r  o 

master.         memorandum  of  the  change,  adding  the  number  of  the  new 
Master's  Certificate  of  Competency  or  Service  (if  any),  and  to 
report  the  change,  on  the  first  opportunity,  to  the  Commis- 
sioners of  Customs  in  London.     If,  however,  the  change  is 
made  in  consequence  of  the  sentence  of  a  Naval  Court  (see 
paragraph  114),  it  will  be  the  duty  of  the  President  of  the 
Court  to  take  these  steps. 
In  case  of         13.  Whenever  any  ship  is  lost  or  abandoned,  taken  by  the 
t?on',  or  '^"    enemy,  burnt  or  broken  up,  or  is  transferred  to  a  person  not 
foreigner"     qualified  to   own  a  British  ship,  or  from  any  other  reason 
S-  53.  ceases  to  be  a  British  ship,  notice  is  to  be  given  as  soon  as 

possible  to  the  Registrar  ;  and  the  Certificate  of  Registry, 
unless  lost  or  destroyed,  is  to  be  returned  to  him.  For  this 
purpose  it  will  be  the  Consul's  duty,  whenever  any  such 
event  takes  place  within  his  consulate,  or  whenever  the 
master  of  any  ship  in  respect  of  which  any  such  event  has 
happened  arrives  within  his  consulate,  to  demand  from  him 
the  Certificate  of  Registry,  and  to  forward  it,  with  a  state- 
ment of  the  circumstances  under  which  he  has  obtained  it,  to 
the  Registrar  of  the  port  of  registry  of  the  ship.  As  the 
Certificate  of  Registry  is  a  document  proving  nationality,  it 
is  most  important  that  this  provision  shovild  be  strictly 
observed,  in  order  to  prevent  the  Certificate  from  being  im- 
properly used;  and  if  the  Consul  should  find  any  difficulty 
in  enforcing  it,  he  will  not  fail  to  point  out  to  the  ofl'ending 
parties  that  they  are  liable  to  a  penalty  of  100^,,  and  to 
report  the  case  to  the  Commissioners  of  Customs  in  London. 
In  cases  14.  If  a  Certificate  of  Registry  is  used  for  any  ship  other 

CerUficate  is  ^^^^^^^  that  for  which  it  was  granted,  the  persons  so  using  it 
improperly  j^j.g  guilty  of  a  misdemeanor,  and  the  ship  is  liable  to  seizure 
s.  .'52.  and  condemnation.     If  the  Consul  should  become  aware  of 

any  offence  of  this  description,  or  any  attempt  to  commit  it, 
he  will  not  fail  to  warn  the  parties  of  their  liabilities,  and 
also  to  inform  the  Commissioners  of  Customs  in  London ;  but 
he  will  not  exercise  the  power  of  seizing  the  ship  given  him 
by  the  52nd  section  of  the  Act,  unless  he  has  reason  to  be- 
lieve that  the  offence  is  wilful  and  fraudulent,  and  that  it  is 
intended  thereby  to'  obtain  means  of  committing  piracy  or  of 


63. 


y2/^  d^/^4^M^^^  //f 


^^fCfc-*?^' 


a 


^^^^^TO^t^-^^i^^^y  6HL-y  Co'/^C' y^j^y^i^y 


\J.  ^Ms/c€ii^i^la/^  /y. 


-^y-v^.   ■/2yC>-f^-'/&<:Z- 


y 


'-e-^^-e^  .^^^i?--t^  <Zy'/^^/^fr~~) 


■i^y.'     <?, 


'^-  t'C^^.^^n      /-^^-z./^-^^^?-- 


«!>?;2^«c?^-^' 


//9  ,  /? 


t^-ne^ 


H^ 


^-e^ 


THE  DUTIES  OF  A  CONSUL  GENEKALLY.  43 

avoiding  lawful  capture  by  the  cruisers  of  Her  Majesty  or 
of  Her  Allies  iu  time  of  war,  or  of  defrauding  the  Revenue, 
or  of  doing  some  other  act  manifestly  contrary  to  public 
policy.  (See  paragraphs  19  to  21.) 

15.  The   Consul  will   observe,   that  in  certain  cases  the  Provisional 

Commissioners   of  Customs  and  the  Governors  of  Colonies onl^pln°Jp 

may  grant  a  Pass,  enabling  a  ship  to  make  a  single  vovaee  •^®'"  }^^- 
n  -TTur-  ,  a  J    !r>    jesty's  domi- 

irom  one  port  m  Her  Majesty  s  dominions  to  another,  with-nions  toano- 

out  a  Certificate  of  Registry.  s!  98. 

16.  A  General  Index  will  be  kept  by  the  Registrar-General  General  In- 
of  Seamen  and  Shipping  in  London,  in  which  will  be  entered,  '''^^' 

for  reference,  all  particulars  concerning  the  titles  to  British 
ships  wherever  registered ;  but  the  actual  title  to  a  ship  will 
depend,  not  on  the  entries  in  this  index,  but  on  those  con- 
tained in  the  Register  Book  kept  at  the  Port  of  Registry, 
A  list  of  the  ships  whose  registers  are  cancelled  will  from 
time  to  time  be  sent  to  the  Consul  by  the  Registrar. 

Flags  to  be  carried  by  British  Skips. 

17.  The  flag  to  be  carried  by  British  ships  is  the  Red  Flags  to  be 
Ensign,  a  drawing  of  which  is  annexed.  Form  (C.  4)  in  British  ^ 
Appendix.   The  flag  to  be  hoisted  by  British  ships  for  a  pilot  ^^^^^ 

is  the  Union  Jack  with  a  white  border,  a  drawing  of  which  is  Forms  (c.  4) 
also  annexed.    Form  (C.  5)  in  Appendix.     If  anv   colours'!;"'^  (^j?)'" 

''  ''  i-  r  „  Appendix. 

usually  worn  by  Her  Majesty's  ships,  or  any  pendant,  or  any 
distinctive  national  colours,  except  those  above  mentioned, 
be  hoisted  in  any  British  ship  or  boat  without  Avarrant  from 
Her  Majesty  or  the  Admiralty,  the  master,  the  owner,  if  on 
board,  and  every  other  person  concerned,  is  liable  to  a 
penalty  not  exceeding  500/.:  and  Consuls  and  other  public 
officers  may  board  the  vessel,  and  take  away  such  colours  or 
pendants. 

18.  The  Consul  will  make  known  in  the  most  public  man- steps  to  be 
uer  throughout  the  district  of  his  Consulate  the  above  rules  Im'lfroplr  ^" 
concerning  flags,  and  he  will  cause  a  notice  of  such  rules,  ''^ss  are 

earned. 

With  a  copy  of  the  flags  to  be  used  to  be  exhibited  in  someS.  105. 
conspicuous  part  of  his  office.  If  he  is  informed  that  any 
British  vessel  hoists  improper  colours,  he  will  send  or  go  on 
board,  and  will  seize  the  pendant  or  colours  so  hoisted,  and 
will  for  that  purpose  order  the  master  to  haul  them  down 
and  deliver  them  up  to  him.  If  the  colours  are  delivered  up, 
care  should  be  taken  that  the  person  to  whom  they  are  deli- 
vered is  able,  if  called  on,  to  prove  their  identity,  either  by 


44  THE  DUTIES  OF  A  CONSUL  GENERALLY. 

keeping  them  in  his  custody,  or  putting  some  mark  upon 
them.  In  every  case  of  offence,  the  Consul  will  report  the 
facts  to  the  Secretary  of  State  for  Foreign  Affairs,  in  order 
that  the  Admiralty  may  consider  whether  any  further  steps 
should  be  taken.  In  so  doing,  he  will  state  the  official 
number,  name,  tonnage,  port  of  registry,  and  destination  of 
the  ship,  the  name  of  the  master,  the  nature  of  the  pendant 
or  colours  improperly  carried,  the  names,  addresses,  and  des- 
tinations of  any  persons  who  have  been  witnesses*  of  the 
offence,  and  the  steps  taken  by  the  Consul  and  the  result, 
with  any  statement  or  explanation  given  by  the  master. 

Simulation  or  Concealment  of  National  Character. 
Penalties  for      19'  It  is,  as  already  noticed,  of  the  utmost  importance  that 
surapffon  or  *^^  single  remaining  condition  reqviisite  to  give  to  a  ship  the 
concealment  character  and  privileges  of  a  British  ship  should  be  strictly 

of  national  /.  ,  i    .      •  . 

character,  performed,  and  it  is  also  very  important  that  the  national 
character  of  a  ship  should  neither  be  falsely  assumed  nor 
unduly  concealed;  so  that  on  the  one  hand  Her  Majesty's 
Government  may  not  be  involved  in  any  difficulties  from 
claims  to  protection  on  the  part  of  persons  not  entitled  to 
use  the  British  Flag,  and  so  that  on  the  other  British  ships 
may  not,  by  concealing  their  national  character,  attempt  to 
avoid  obligations  under  which  they  are  placed  by  British 
law.  With  the  view  of  preventing  these  evils,  the  follow- 
ing offences  are  made  punishable  by  forfeiture  ;  that  is  to 
say  :— 

S.  103.  (a).  Using  the  British  flag  and  assuming  the  British  cha- 

racter on  board  any  ship  owned  or  partly  owned  by  persons 
not  duly  qualified  for  the  purpose  of  making  the  ship  appear 
to  be  a  British  ship,  unless  the  assumption  is  made  either 
for  the  purpose  of  escaping  capture  by  an  enemy,  or  by  a 
foreign  ship  of  war  in  exercise  of  some  belligerent  right : 

(6).  Carrying  or  permitting  to  be  carried  on  board  a  British 
ship  any  papers  or  documents,  or  doing  or  permitting  any- 
thing to  be  done  with  respect  to  such  ship,  with  intention 
to  assume  a  foreign  character,  or  to  conceal  the  British  cha- 
racter of  the  ship  from  any  person  entitled  by  law  to  inquire 
into  the  same  : 

S.  62,  63,  64.  (c).  The  acquisition  as  an  owner  by  an  unqualified  person 
of  any  interest  in  a  ship  assuming  to  be  a  British  ship, 
except  in  certain  cases  of  descent  and  transmission,  for 
which  special  provision  is  made  in  the  Act : 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  43 

(d).  Wilfully  making  a  false  declaration  concerning  the  s.  103. 
qvialification  for  ownership. 

In  order  to  enforce  forfeitures  in  the  above  cases,  Consuls 
and  other  public  officers  are  enabled  to  seize  and  detain 
ships,  and  take  them  for  adjudication  before  Courts  of 
Admiralty,  and  they  are  exempted  from  any  responsibility  s.  io4. 
on  account  of  the  detention  if  reasonable  grounds  exist  for 
the  same.  The  Consul  will,  however,  act  in  this  case  as  in 
the  case  of  a  Certificate  of  Registry  improperly  used  (see 
paragi'aph  14),  and  will  not  seize  the  ship  unless  he  has 
reason  to  believe  that  the  oifence  is  wilful  and  fraudulent, 
or  that  it  is  intended  thereby  to  obtain  means  of  committing 
piracy,  or  of  avoiding  lawful  capture  by  the  cruisers  of  Her 
Majesty  or  of  Her  Allies  in  time  of  war,  or  of  defrauding  the 
revenue,  or  of  doing  any  other  act  manifestly  contrary  to 
public  policy.  He  will,  however,  in  every  case  warn  the  S.  103. 
parties  of  their  liabilities,  and  will  point  out  that  in  addition 
to  the  forfeiture,  any  person  giiilty  of  the  offences  secondly 
and  fourthly  above  specified,  is  liable  to  be  prosecuted  for  a 
misdemeanor,  and  he  will  also  report  every  such  offence  to 
the  Commissioners  of  Customs  in  London. 

20.  A  ship  is  not  entitled  to  the  privileges  of  a  British  British  own- 
ship  unless  duly  registered,  as  above  mentioned  (paragraph  6);  tering,  to 
but  in  order  to  prevent  British  ship  owners  from  attempting  buitles  but^" 
to  evade  British  law  by  not  registering  their  ships,  it  is  pro-  "o^  the  be- 
vided  that  so  far  as  regards  payment  of  dues,  liabilities  to  British  law. 
payments  and  penalties,  and  the  punishment  of  persons  for  §[  loe. 
offences  committed  on  board  such  ships  by  persons  belonging 

to  them,  ships  belonging  to  persons  qualified  to  own  British 
ships  are  to  be  considered  British  ships,  although  not 
registered. 

21.  In  dealing  with  cases  arising  under  the  above-men- Rule  of  in- 
tioned  enactments.  Consuls  will  remember  that  according  to  law. 
well  established  principles  of  International  law,  the  owner  of 

any  ship  using  a  national  flag,  and  assuming  a  national 
character,  cannot,  upon  any  trial  or  judicial  proceeding,  be 
allowed  to  urge  t©  his  own  advantage,  or  in  his  own  defence, 
that  the  flag  and  character  so  assumed  are  not  the  flag  and 
character  which  properly  belong  to  the  ship. 

Purchases,  Mortgages,  and  Sales  at  Foreign  Ports. 

22.  Persons  qualified  to  own  British  ships  may  purchase  Purchase  of 
Foreign   ships  at  a  Foreign  port.     In  such  cases  the  ship  tis'howners 


46  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

at  a  Foreign  cannot  be  completely  registered  until  she  arrives  at  some 

port,  and  .  .  .    7 

grant  of  a  port  in  the  British  dominions  where  there  is  a  British  Regis- 
Certificate  trar :  but  in  order  to  prevent  the  inconveniences  and  dangers 
$''54°"^"^  which  would  arise  from  the  ship  making  her  homeward 
voyage  without  papers  showing  the  national  character,  the 
Consul  is  enabled  to  grant  a  provisional  Certificate,  to 
Form  (C.  2)  remain  in  force  until  the  expiration  of  six  months,  or  until 
dix.  the  arrival  of  the  ship  at  some  port  having  a  British  Regis- 

trar, whichever  first  happens.     In  granting  this  Certificate 
he  will  attend  to  the  following  particulars  : — 

He  will  require  from  the  purchaser,  or  from  the  agent  of 
the  purchaser,  a  declaration  containing  a  statement  of  the 
qualification  of  the  purchaser,  similar  to  those  contained  in 
Forms  B.  or  C.  (as  the  case  may  be)  in  the  Schedule  to  the 
Act,  and  containing  also  such  of  the  other  particulars  con- 
tained in  those  forms  as  can  be  obtained  without  requiring  a 
new  survey  or  measurement ;  and  this  declaration  should, 
so  far  as  possible,  be  in  the  same  form,  and  be  made  with 
the  same  formalities  and  precautions,  as  declarations  given 
for  the  purpose  of  the  final  registry  of  the  ship,  except  that 
it  must  be  marked  "  Provisional." 

He  will  then  prepare  a  Certificate  of  Registry,  adhering  as 
nearly  as  possible  to  the  Form  D.  in  the  Schedule  to  the  Act, 
except  that  at  the  top  must  be  w  ritten  in  large  and  conspi- 
cuous characters  the  word  "Provisional,"  and  that  at  the 
foot,  or  in  some  conspicuous  place,  must  be  added  the  words 
"This  Provisional  Certificate  of  Registry  continues  in  force 
"  only  imtil  the  day  of  [insert  the  day 

"  of  the  expiration  of  six  months  from  the  date],  or  until  she 
"completes  her  voyage  from  [insert  the  port  at 

"which  the  Certificate  is  given']  to  some  port  at  which  there  is 
"a  British  Registrai',  whichever  first  happens."  The  pro- 
visional Certificate  must  be  signed  by  the  Consul  instead  of 
by  the  Registrar,  and  must  be  sealed  with  his  Official  seal. 
No  official  number  is  to  be  inserted.  A  form  of  Provisional 
Certificate  of  Registry,  filled  up  according  to  the  circum- 
stances of  the  case,  as  assumed,  is  given  in  the  Appendix. 
(Form  C.  2.) 

He  will  keep  a  duplicate  of  the  Certificate,  and  send  it  with 
the  Declaration  to  the  Commissioners  of  Customs  in  London, 
on  the  first  convenient  opportunity,  and  in  so  doing  he  will 
endorse  on  the  Certificate  a  statement  of  the  British  port  to 
which  the  ship  is  bound. 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  47 

He  will  warn  the  master  and  the  purchaser  or  his  agent, 
that  the  Provisional  Certificate  is  only  in  force  until  the  ship 
reaches  the  first  British  port  at  which  there  is  a  Registrar,  or 
at  the  expii-ation  of  six  months,  whichever  first  happens,  and 
that  she  must  then  be  surveyed,  measured,  and  completely 
registered. 

23.  All  Transfers  of  ships  will  henceforth  be  made,  not  by  Mortgages 
indorsement  on  the  Certificate  of  Registry,  whicL,  as  men- ships  in  Fo- 
tioned  above   (paragi-aph   11),  is  no  longer  a  document   of ''®'="  i""^*^" 
title,  but  by  entry  in  the  register  books.     As,  however,  there 

are  numerous  cases  in  which  an  owner  may  desire  to  sell  or 
mortgage  his  ship  when  away  from  the  port  of  registry,  the 
folio wingj)lan  is  adopted  : — 

24.  The  owner  will  obtain  from  the  Registrar  at  the  port  Certificates 

°  ^         of  sale  and 

of  registry  a  Certificate  contammg  a  power  to  sell  or  mort- mortgage. 

c     'jc    77    7P 

gage  the  ship.  This  document  will  be  in  the  foiin  M.  or  N.  ^g  ''  '  ' 
in  the  Schedule  to  the  Act  (as  the  case  may  be) ;  it  will  con- 
tain the  names  and  descriptions  of  the  persons  by  whom,  and 
the  limits  of  time  within  which  it  is  to  be  exercised,  and  the 
place  or  places  (if  it  is  intended  to  fix  the  place)  at  which  it 
is  to  be  exercised,  and  also  in  cases  of  mortgage  the  maximum 
amount  of  charge  to  be  created,  if  it  is  intended  to  fix  a 
maximum,  and  in  cases  of  sale  the  minimum  amount  of 
purchase  money,  if  it  is  intended  to  fix  a  minimum.  These 
particulars  will,  when  the  Certificate  is  given,  be  entered  in 
the  Register  Book,  so  that  persons  at  home  purchasing  or 
advancing  money  on  the  ship  will  have  full  notice  of  all  sales 
or  incumbrances  made  under  the  Certificate  whilst  the  ship 
is  abroad.  Mortgages  and  sales  duly  made  in  exercise  of  the 
powers  thus  given  will  have  just  the  same  effect  as  if  they 
had  been  made  in  the  Register  Book,  viz.,  they  will  give  a 
good  title,  except  against  persons  of  whose  prior  claims  the 
purchaser  or  mortgagee  has  actual  notice.  Mortgages  and 
Sales  made  under  common  Powers  of  Attorney  are  not  abso- 
lutely prohibited,  but  they  will  have  no  validity  against 
sales  or  mortgages  made  under  Certificates  abroad,  or  by 
entry  in  the  Registry  Book  at  the  Port  of  Registry,  and  those 
who  take  under  them  will  therefore  do  so  at  their  own  risk. 

25.  The  duty  of  the  Consul  in  respect  of  mortgages  to  beDutyofCon- 
made  under  these  Certificates  will  be  as  follows  : —  of  Mortgase 

(a).  In  case  of  Certificates  of  Mortgage,  which  may  be  ^g^;^?^^;;;^';'" 
exercised  in  favour  of  Foreigners  as  well  as  of  British  sub-  S-  so. 
jects,  he  wUl  see  that  the  document  presented  to  him  is  in 


48  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

the  form  and  contains  the  particulars  reqviired  by  the  Act, 
and  that  it  is  signed  by  the  Registrar  of  the  port  of  registry  : 
(b).  He  will  see  that  the  proposed  mortgage  is  in  accord- 
ance with  the  terms  of  the  Certificate,  and  that  the  person  or 
persons  exercising  the  power  are  the  person  or  persons 
named  for  that  purpose  in  the  Certificate,  and  he  will  warn 
the  mortgagee,  that  if  this  is  not  so,  his  security  will  not 
be  good : 

(c).  He  will  record  upon  the  Certificate  the  particulars  of 
the  Mortgage,  in  the  form  given  in  the  note  to  the  form  M. 
in  the  Schedule,  or  as  near  thereto  as  may  be,  taking  care  in 
no  case  to  state  imnecessary  particulars,  or  to  incumber  the 
Certificate  with  anything  but  the  bare  terms  of  the  ijiortgage ; 
and  he  will  sign  the  record  and  affix  his  Consular  seal : 

(d).  He  will  be  careful  to  make  this  record  as  soon  as  the 
Certificate  is  produced  to  him  for  the  purpose,  and  to  insert 
the  day  and  hour  on  which  it  is  done. 

(e).  If  two   or  more  mortgages  are  produced  to  him  for 
indorsement,  he  Mill  record  them  in  the  order  in  which  they 
are  produced,  whatever  may  be  their  respective  dates. 
Transfer  of       26.  If  a  mortgage  made  under  a  Certificate  of  Mortgage  is 
made^under  transferred,  and  the  instrument  of  transfer  is  produced  to  him, 
s^so'rf*^'    ^^  ^^^^^  record  upon  the  Certificate  of  Mortgage  the  fact  of 
the  transfer  and  the  name  of  the  transferee,  and  the  date 
and  hour  of  its  being  recorded,  and  will  also  make  a  memo- 
randum on  the  instrument  of  transfer  to  the  effect  that  it 
has  been  so  recorded,  stating  the  date  and  hoixr  of  such 
record. 
Discharge  of     27.  Whenever  a  Mortgage  made    under   a   Certificate  of 
made^undei-  Mortgage  is   discharged,   and  the  mortgage   deed,   with   a 
s  ^f„''''*''^**®'  receipt  for  the  mortgage  money  indorsed  thereon,  signed  by 
the  mortgagee,  or  by  some  duly  authorised   agent  of  the 
mortgagee,  and  attested,  is  produced  to  the  Consul,  whether 
such  Consul  be  the  person  in  whose  presence  the  mortgage 
has  been  made  or  not,  he  will  make  an  entry  upon  the  Certi- 
Form  (c.  3.)  ficate  of  Mortgage,  to  the  effect  that  the  mortgage  is  dis- 
llix.^''^"       charged,  and  will  sign  such  entry  and  affix  his  Consular  seal. 
This  entry  should  be  in  the  form  (C.  3)  in  the  Appendix,  or 
as  near  to  it  as  circumstances  permit. 

The  effect  of  this  entry  will  be  to  place  the  title  of  the  ship 
in  the  same  condition  as  if  the  mortgage  had  not  been  made. 
The  Consid  will  warn  the  parties  to  this  effect,  and  that  no 
re-conveyance  or  other  legal  document  is  necessary. 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  49 

28.  The  Consul  Avill  warn  the  parties  to  any  dealings  upon  Certificate  of 
a  Certificate  of  mortgage,  that  it  will  be  necessary  to  re- be^re^d'eii- ° 
deliver  it  to  the  Registrar  of  the  Port  of  Registry  of  the  ship  ^fs^j'^^**'  ^^' 
as  soon  as  it  can  conveniently  be  done.  s.  so. 

29.  In  cases  of  Certificates  of  Sale,  the  Consul  will  only  Duty  of  Con- 
have  to  deal  with  transfers  to  foreigners,  as  the  Act  does  notgpgJJ'Jf^Cgi.. 
require  him  to  take  any  part  in  transfers  made  at  a  foreign '■'^''^^^^  °^ 
port  under  these  Certificates  to  British  subjects.     In  cases  ofs.  si. 
such  last-mentioned  transfers,  the  ship  must  be  registered 

anew ;  and  for  this  purpose  the  Certificate  of  Sale,  accom- 
panied by  the  Bill  of  Sale,  and  the  proper  declarations,  must 
be  transmitted  to  the  Registrar  at  the  port  of  registry. 

In  cases  of  sale  to  foreigners  the  Consul  will  see  that  the 
Certificate  of  Sale  is  in  the  form  and  contains  the  particulars 
required  by  the  Act,  and  that  it  is  signed  by  the  Registrar  at 
the  port  of  registry. 

He  wiU  see  that  the  proposed  sale  is  in  accordance  with  the 
terms  of  the  Certificate,  and  that  the  person  or  persons  exer- 
cising the  power  is  or  are  the  person  or  persons  named  in 
the  Certificate ;  and  he  will  warn  the  purchaser  that  unless 
this  is  so,  his  title  will  not  be  good.  He  will  require  to  be 
produced  to  him  the  Bill  of  Sale  by  which  the  ship  is  trans- 
ferred, the  Certificate  of  Sale,  and  the  Certificate  of  Registry, 
and  Avill  retain  the  Certificates  of  Sale  and  Registry ;  he  will 
then  indorse  on  both  such  Certificates  the  fact  of  the  sale, 
stating  shortly  the  name  and  description  of  the  transferee, 
the  amount  of  the  purchase  money,  and  the  date  of  the  trans- 
fer. He  will  then  forward  these  Certificates  by  the  first 
opportunity  to  the  Registrar  of  the  port  at  which  the  ship 
was  registered.  He  will  warn  the  parties  that  unless  the 
Certificates  of  Sale  and  Registry  are  produced  to  him,  as 
above  mentioned,  the  sale  will  be  invalid,  and  the  purchaser 
will  acquire  no  title. 

30.  In  order  to  enable  persons  who  have  granted  Certifi-  Revocation 
cates   of  Sale   and  Mortgage   to   revoke  them,   provision  is  (.^tes  of  Sale 
made  to  enable  the  registered  owner  of  any  ship  for  which  a  ^Jjfg^^"'^'" 
Certificate  of  Sale  or  Mortgage  has  been  granted,  to  require  s.  S3. 

the  Registrar  by  whom  the  same  was  granted  to  give  notice 
to  the  Consul  at  the  place  where  the  power  given  by  the  Cer- 
tificate is  to  be  exercised  that  the  Certificate  is  revoked.  In 
such  cases  the  Registrar  will  give  such  notice  by  a  document 
in  the  Form  O.  in  the  Schedule  to  the  Act,  signed  by  him  and 
addressed   to   the    Consul.     The    Consul   on   receiving  such 

n 


50  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

notice  will  immediately  record  it,  stating  the  day  and  hour  of 
the  receipt  of  the  notice  and  of  the  record  ;  and,  if  the  Certi- 
ficate of  Sale  or  Mortgage  is  produced  to  him,  will  acquaint 
all  the  parties  producing  such  Certificate,  or  proposing  to 
deal  thereunder,  that  he  has  received  such  notice,  and  will 
show  it  to  them,  and  will  warn  them  that  no  dealing  under 
the  Certificate  subsequent  to  the  date  of  the  record  will  be 
valid.     The  Consul  will  also  immediately  upon  the  receipt  of 
any  such  notice  write  to  the  Registrar  from  whom  it  comes, 
and  inform  him  whether  the  powers  given  by  the  Certificate 
have  previously  been  exercised. 
Instruments      31.  The  Consul  will  warn  the  parties  to  these  transactions 
forms  given  that  Bills  of  Sale  and  Mortgages  will  be  valid  and  sufficient  if 
in  Schedule  made  in  the  forms  contained  in  Forms  E.  and  I.  in  the  Schedule 

to  Act. 

to  the  Act,  or  as  near  thereto  as  circumstances  permit,  and 
that  lengthy  legal  documents  are   an  iinnecessary  expense 
and  inconvenience,  and  may  prove  otherwise  prejudicial. 
Book  to  be        32.  For  the  purpose  of  recording  transactions   in   ships 
above  parti-  under  the  above-mentioned  provisions,  the  Consul  will  keep 
"'^  ^^^'  a  book  in  which  he  will  record,  in  order,  every  Mortgage, 

Transfer  of  a  Mortgage,  and  Discharge  of  a  Mortgage,  and 
every  Sale  made  before  him,  stating  the  date  and  hour,  the 
names  and  addresses  of  the  parties,  the  name,  official  num- 
ber, and  port  of  registry  of  the  ship,  the  consideration  paid 
or  advanced,  and,  in  case  of  a  mortgage,  the  interest.  He  will 
also  record  in  the  same  book  any  revocation  of  a  certificate 
of  sale  or  mortgage,  as  directed  in  paragraph  30.  He  will 
allow  any  person  to  inspect  this  book  at  all  reasonable  hours, 
and  he  will  at  the  end  of  every  qiiarter  send  a  transcript  of 
the  entries  for  the  preceding  quarter  to  the  Commissioners  of 
Customs,  London. 

Masters   and  Seamen. 
General. 
General  33.  The  Consul's  duties  under  this  head  are  very  onerous 

gards  the  and  important.  Under  the  Act,  many  special  functions  and 
tish^sWDs."^'  powers  are  committed  to  him,  as  mentioned  in  the  following 
instructions  :  but  he  will  remember  that,  independently  of 
these  special  duties,  he  is  looked  upon  as  the  representative 
of  British  law  in  his  Consulate ;  that  his  position  is  one  the 
authority  and  functions  of  which  it  is  impossible  to  define 
with  the  same  strictness  as  in  the  case  of  public  officers  act- 
ing within  the    British  dominions  ;  that  he  will  frequently 


THE    DUTIES    OF    A    CONSUL    GENEBALLY.  51 

be  appealed  to  as  an  arbitrator ;  and  that  upon  his  patience, 
judgment,  and  temper,  in  settling  differences  which  may  arise 
amongst  the  crews  of  Merchant  ships,  must  often  depend  the 
welfare  and  safety  of  many  important  lives,  and  of  much 
valuable  property. 

General  Cognizance  by  Consul  of  Masters  and  Crews,  and 
steps  to  be  taken  on  their  arrival. 

34.  The  Masters  and  crews  of  British  ships  arriving  at  the  cognizance 
port  will,  in  most  cases,  even  if  the  masters  do  not  for  other  and"crevi". 
reasons  wait  upon  the  Consul,  be  brought  under  his  cogni- 
zance by  some  one  of  the  following  provisions  : 

35.  All  ships  which  arrive  at  his  port,  and  remain  there  Documents 
for  48  hours,  are  bound  within  that  time  to  deliver  to  him  the  ^^J^^^  to" 
agreement  with  the  crew,   and  the  indentures   and  assign- ^°"^"'- 
ments  of  the  apprentices  on  board.     These  he  is  to  keep 
during  the  ship's  stay  in  port,  to  make  upon  the  agreement 

the  indorsements  mentioned  in  paragraphs  (43),  (44),  (47), 
(53),  (60),  (64),  (84),  (94),  (102),  below,  and  if  there  has  been 
any  neglect  of  the  law,  an  indorsement  containing  a  state- 
ment thereof.  At  a  reasonable  time  before  the  departure  of 
the  ship,  he  is  to  add  a  certificate,  stating  when  the  docu- 
ments were  delivered  to  and  returned  by  him,  and  stating 
also  the  time  at  which  the  ship  first  entered  the  port,  and  to 
return  the  documents  to  the  Master.  In  making  these 
several  indorsements  the  Consul  may  include  them  in  one 
statement,  signing  it  once  only.  If  he  becomes  aware  of  any 
transgression  of  the  law  by  the  Master,  or  if  in  any  case  the 
above  documents  are  not  duly  delivered  to  him,  he  is,  by  the 
first  opportunity,  to  report  the  facts  to  the  Registrar  of 
Seamen,  London. 

36.  In   making   the   indorsements    above   mentioned,    the  Consul  to  be 
Consul  will  remember  that  he  is  responsible  for  the  correct-  fjiaMnl'i^- 
ness  of  the  statements  they  contain,  and  is  bc^nd  to  satisfy  dorsements. 
himself  by  inquiry  of  their  truth. 

37.  Any  seaman  or  apprentice  who  desires  to  make  com-  Complaints 
plaint  to  the  Consul,  is   to  be  permitted  to  go  ashore  ing°232.^ 
proper  custody  to  make  such  complaint,  under  a  penalty  of 

ten  pounds  on  the  Master  if,  without  reasonable  cause,  he 
refuses  to  allow  it. 

38.  In  addition  to  the  general  power  of  complaining  to  a  Power  of 
Consul,  mentioned  above  (paragraph  37),  power  is  given  to  coniptain''of 

any  three  or  more  of  the  crew  of  a  British  ship  to  complain  provisions 
■^  i-  r  and  water. 

S.  221. 


52  THE  DUTIES  OF  A  CONSUL  GENERALLY. 

to  a  Consul  that  the  provisions  or  ivater  for  the  use  of  the 
crew  are  of  bad  quality,  unfit  for  use,  or  deficient  in  quantity. 
Upon  any  such  complaint  being  made,  the  Consul  will,  unless 
he  is  satisfied  that  it  is  frivolous  or  vexatious,  have  the  pro- 
visions or  water  examined.  If  the  i-esult  of  the  examination 
is  such  as  to  satisfy  him  that  the  complaint  is  well-founded, 
he  will  cause  a  notice  in  writing  under  the  hand  of  the  person 
making  the  examination  to  be  given  to  the  master  of  the 
ship,  specifying  the  particulars  in  which  the  provisions  or 
water  are  found  to  be  bad,  unfit,  or  deficient,  and  requii'ing 
the  master  to  provide  proper  provisions,  or  water,  or  to  make 
up  the  quantity,  as  the  case  may  require,  and  giving  him 
notice  that  if  he  fails  to  do  so,  he  will  be  liable  to  a  penalty 
s.  222.  of  201.     If,  on  the  other  hand,  the  result  of  the  examination 

shows  that  there  was  no  reasonable  groiuid  for  the  com- 
plaint, each  of  the  parties  complaining  will  be  liable  to  for- 
feit to  the  owner  one  week's  wages,  and  of  this  the  Consul 
should  apprize  the  complainants  when  the  complaint  is  first 
made.  Whenever  any  such  examination  as  aforesaid  has 
been  made,  the  Consul  will  enter  in  the  Official  Log  Book 
the  result  of  the  examination,  and  will  also  send  to  the  Board 
of  Trade  a  report,  containing  the  names  of  the  complainants, 
the  particulars  of  the  complaint,  an  account  of  the  examina- 
tion, and  of  the  result  thereof,  and  of  the  steps,  if  any, 
thereupon  taken  by  the  master ;  such  report  to  be  signed  by 
the  Consul,  and  sealed  with  his  official  seal.  The  Consul 
will  be  particularly  careful  and  accvirate  in  framing  this  re- 
port, as  it  may  be  produced  in  evidence  in  subsequent  legal 
proceedings  instituted  either  against  the  master  for  the 
penalty,  or  for  the  allowances  mentioned  in  the  223rd  section 
of  the  Act,  or  upon  a  question  as  to  forfeiture  of  wages 
under  the  222nd  section. 
Powers  of  39.  In  any  case  where  the  Consul  has  reason  to  suspect 
slla!'^'^  that  any  proA^sions  of  the  Merchant  Shipping  Act,  1854,  or 
any  law  concerning  seamen  or  navigation,  are  not  complied 
with,  he  may  require  the  Owner,  Master,  or  any  of  the  Crew 
of  any  British  ship,  to  produce  any  Official  Log-books  or 
other  documents  relating  to  the  crew  ;  he  may  call  for  a  list 
of  the  crew  ;  he  may  take  copies  of  the  documents  ;  he  may 
muster  ihe  crew  ;  and  he  may  require  the  Master  to  give  any 
explanation  concerning  the  documents ;  and  any  person  dis- 
obeying is  liable  to  a  penalty  not  exceeding  201. 

Notice  of  40.  If  there  is  any  epidemic  disease  raging  at  the  place,  or 

Epidemic 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  53 

if  there   are   any   disturbances   or   otlier   causes  making  it  Diseases, 
unsafe  or  improper  for  British  ships  to  enter  into  the  port,  ances.'^&c. 
or  stay  there,  the  Consul  will  take  such  means  as  he  can  to 
warn  the  Masters,  on  their  arrival,  of  the  danger. 

41.  The  Consul  will,  so  far  as  in  his  power,  make  known  to  Notice  of 
British  Masters  the  various  Local  Regulations  to  which  they  laUons.*^^" 
may  be  subject  on  their  entry,  or  during  their  stay  in  port, 

and  will  assist  them  in  complying  with  such  Regulations,  so 
that  on  the  one  hand  the  Local  Laws  may  be  obeyed,  and  so 
that  on  the  other  British  Masters  may  not  be  subjected  to 
unnecessary  inconvenience. 

42.  The  Consul  will  keep  a  Register  of  all  British  ships  Register 
coming  to  his  port,  with  the  particulars   and  in  the  form  coming \o''* 
(C.  6)  in  Appendix,  together  with  any  other  particulars  he  '^0^^^°/^'  g) 
may  think  it  desirable  to  record,  and  will,   every  qviarter,  in  Appendix, 
send  a  transcript  of  it  with  his  accounts  to  the  Board  of 

Trade. 

Agreements  tvith  Seamen. 

43.  Whenever  a  seaman  is  engaged  in  any  British  ship  in  Agreements 
any  port  where  there  is  a  Consul,  the  Sanction  of  the  Consul  „,£„. 
must  be  obtained ;  the  Consul  must  cause  the  agreement  to  IgJ^^/^  7^ 
be   read   over   and   explained  to  the  seaman,  or  otherwise  inAppendix. 
ascertain  that  the  seaman  understands  it  before  he  signis  it. 

The  seaman  must  then  sign  it  in  the  Consul's  presence,-and 
the  Consul  must  attest  the  signature  and  indorse  on  the 
agreement  a  statement  in  the  form  (C.  7)  in  the  Appendix. 

The  Consul  will  pay  particular  attention  to  this  part  of 
his  duty,  as  very  great  evils  and  inconveniences  are  found  to 
arise  from  the  fact  that  men  are  engaged  in  foreign  ports 
through  the  medium  of  private  shipping  agents,  and  often 
without  any  knowledge  of  the  terms  on  which  they  are 
engaged,  or  the  service  required  from  them. 

44.  In   cases   where  an    agreement  has   been   made  with  Alterauons, 
seamen,  and  the  parties  to  it  desire  to  make  an  alteration  in  nienrs. 

it  while  at  a  foreign  port,  all  persons  interested  in  the  fl^^te-ppj.^",p  ^. 
ration   must   appear   before   the    Consul   and    signify    their  inAppendix, 
consent,  and  the  Consul  must  indorse  upon  the  agreement 
an  attestation  that  the  alteration  has  been  made  with  such 
consent  in  the  form  (C.  8)  in  the  Appendix. 

Seamen  discharged  or  left  abroad. 

45.  As  great  evils  have  arisen  from  British  seamen  being  Leaving  Sea- 
let't  destitute  in  foreign  ports,  and  as  great  expense  is  incurred '"''" 


54 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


ashore,  &c, 
S.206. 


On  Change 
of  Owner- 
ship. 


by  the  Government  in  relieving  them  and  sending  them  home, 
very  stringent  provisions  are  made  to  prevent  their  being  so 
left,  unless  in  cases  of  necessity,  and  also  unless  due  precau- 
tions are  taken  for  their  return  to  their  native  country;  and 
it  will  be  the  Consul's  duty  to  pay  careful  attention  to  the 
steps  required  in  order  to  carry  these  provisions  into  effect. 
Forcing  men  46.  Any  Master  or  Mate,  or  other  person  belonging  to  any 
British  ship,  who  WTongfuUy  forces  any  seaman  on  shore  and 
leaves  him  behind,  or  who  otherwise  wrongfully  and  wilfully 
leaves  behind  any  person  belonging  to  his  ship  at  any  place 
in  foreign  parts,  is  guilty  of  a  misdemeanor,  and  it  will  be  the 
Consul's  duty,  when  necessary,  to  warn  Masters  of  this 
enactment,  and  to  report  to  the  Board  of  Trade  any  cases 
which  fall  within  its  provisions. 

47.  When  seamen  have  been  engaged  to  serve  in  any 
particular  ship,  and  the  ship  is  transferred  or  disposed  of  at 
any  place  out  of  Her  Majesty's  Dominions,  the  men  are 
released  from  their  agreement,  and  may  quit  the  ship  if  they 
please.  In  that  case  they  are  to  be  treated  as  men  discharged 
abroad  (paragraphs  ^9  and  55  to  64),  and  to  be  provided  for 
accordingly.  If,  however,  they  consent  to  continue  in  the 
ship,  and  to  complete  the  voyage  for  which  she  is  destined, 
they  must  appear  before  the  Consul,  and  must  signify  their 
consent  to  him,  and  must  in  his  presence  sign  new  articles  or 
an  indorsement  on  the  old  articles  to  the  effect  that  they  have 
so  consented,  and  the  Consul  must  attest  their  signatures. 

48.  Whenever  the  Master  of  any  British  ship  discharges 
or  leaves  behind  in  any  Foreign  port  any  person  belonging 
to  his  ship,  he  must  apply  to  the  Consul.  The  Consul  will 
then  examine  into  the  grounds  of  the  proposed  discharge,  or 
into  the  groimds  on  which  the  man  is  to  be  left  behind,  and 
may,  if  he  thinks  it  necessary,  administer  oaths  for  that 
purpose. 

49.  The  steps  to  be  taken  in  cases  of  desertion  are  men- 
tioned below  (paragraphs  101  and  102).  In  all  other  cases 
in  which  men  are  left  behind,  the  sanction  of  the  Consul 
must  be  obtained  before  the  discharge  can  be  effected. 

In  considering  the  propriety  of  granting  or  withholding 
this  sanction,  the  Consul  will  remember  that  the  discharge 
cannot  lawfully  be  eff'ected  without  the  consent  of  the  man 
who  is  to  be  discharged,  unless  it  is  proved  that  he  cannot  or 
will  not  perform  the  duty  for  which  he  was  engaged,  or  is 
sent  home  for  trial  as  a  prisoner,  or  is  discharged  by  a  Naval 


In  all  cases 
application 
to  be  made 
to  Consul. 
S.  207. 


Sanction 
how  to  be 
granted  in 
case  of  dis- 
charge. 
S.  207. 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  55 

Court,  as  mentioned  below  (paragraph  1 15).  The  Consul  will 
also  bear  in  mind  the  obligations  under  which  the  Master 
lies,  which  are  mentioned  in  paragraph  56,  below. 

50.  In  cases  where  the  application  is  by  the  Master,  and  the  When  ap- 
ground  alleged  is  misconduct,  or  breach  of  duty  on  the  part  fh'e  ground 
of  the  seaman,  the  Consul  will  be  guided  by  his  discretion  in  d'u™'-'*'^""" 
granting  or  withholding  the  sanction ;   he  will  remember, 
however,  that  it  is  not  a  slight  act  of  misconduct  which  will 
justify  the  step,  but  that  just  apprehension  of  grave  and 
serious   consequences  to   the    ship    and  crew    ought  to    be 
proved.    ' 

51.  In  cases  where  the  application  is  by  the  seaman,  and  when  ap- 
the  ground  alleged  is  ill-treatment  or  breach  of  agreement  the  ground" 
by  the  Master,  or  danger  on  board,  the  Consul  must  also  be  mem"^^^ 
guided  by  his  discretion ;  but  he  will  remember  that  the  case 

must  be  of  a  very  grave  character,  and  very  distinctly 
proved,  in  order  to  entitle  a  seaman  to  his  discharge  before 
his  contract  is  completely  performed.  * 

52.  In  cases  where  the  ground  of  the  proposed  discharge  When  ap- 
is unfitness  or  inability  to  proceed  to  sea,  the  Consul  will  fhe  grouVd" 
not  grant  his  sanction  or  certificate  unless  he  is  satisfied  °* '"'^^''''y- 
that  the  man  is  in  reality  unable  to  do  his  duty  on  board,  or 

would  be  in  danger  were  he  to  proceed. 

53.  If  the  Consul  is  satisfied  that  the  discharge  ought  to  be  Certificate  to 
sanctioned  on  any  of  the  above  grounds,  he  will  indorse  o^  ag^ee-^"^ 
upon  the  agreement  a  Certificate  in  the  form  (C  9)  in  the™^"'-,„    . 

.  ^         -^  Form  (C.  9) 

Appendix.  in  Appendix. 

54.  Masters  and  Owners  being  subject  to  heavy  penalties  Penalties  ac- 
and  liabilities  if  men  are  left  behind  without  such  Certificate,  defauft'of 
and  the  burthen  of  proving  such  Certificate  being  thrown  by  §^908°" 
by   the   Act   upon   them,  it   is   important  that   the   Consul 

should  be  careful  that  it  is  properly  granted  or  withheld, 
and  that  he  should  satisfy  himself  of  the  correctness  of  the 
statements  it  contains  by  proper  evidence.  The  mere  report 
of  the  Master,  unsupported  by  other  testimony,  ought  in  no 
case  to  be  deemed  sufficient. 

55.  Whenever  any  seaman  or  apprentice  is  discharged  or  certificate  of 
left  behind,  on  anv  ground  except  desertion,  the  Consul  will  ^'^'^harp. 

'^  ^  ac,  to  he 

see  that  the  Master  gives  him  a  Certificate  of  Discharge  in  siven. 

S  205 

the  Form  (C.  11)  in  the  Appendix.     Printed  forms  are  issued  Form  (c.  ii) 
for  this  purpose  in  the  shipping  offices  in  the  United  King-'" '^^'"^"*'"'" 
dom,  and  it  is  expected  that  Masters  will  generally  take  with 
them  as  many  as  they  consider  necessary.      If  the  person 


56  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

discharged  was  possessed  of  a  Certificate  of  Competency  or 
Service,  and  it  is  held  by  the  Master,  the  Consul  will  see 
that  it  is  restored  to  him. 
Wages  to  be      56.  In  all  cases  in  which  seamen  are  discharged  or  left 

settled, 

s.  205.  behind,  their  wages  are  to  be  paid,  and  it  Avill  be  the  Consul's 

duty  to  see  that  this   is  done  in  manner  mentioned  below 
(paragraphs  58  to  64). 
Principles  57.  Any  questions  that  may  arise  in  estimating  the  sum 

Amount  is    due  for  wages  will  be  decided  by  the  same  Rules  of  Law  by 
mined*'^''''^     which  they  would  be  decided  injudicial  proceedings  in  Eng- 
land.    The  Consul  will  observe  that  by  the  present  Act  the 
s,  iy3_  Law  is  altered  so  as  materially  to  affect  the  amounts  which 

wiU  be  payable  in  certain  cases  which  will  come  before  him. 
The  old  rule  that  "freight  is  the  mother  of  wages"  is 
entirely  abolished ;  and  consequently,  in  cases  of  wreck,  the 
seaman  will  be  entitled  to  wages  for  all  the  time  prior  to  the 
date  at  which  he  quits  the  service  of  the  ship,  unless  it  is 
shown  that  he  has  not  exerted  himself  to  the  utmost  to  save 
s.  185.  ship,    cargo,   and  stores.      The   law   is   further   altered   by 

making  the  right  to  wages  in  cases  of  wreck,  and  in  cases  of 
discharge  on  account  of  illness,  to  terminate  with  the  termi- 
nation of  the  service,  so  that  in  no  case  can  a  sailor,  whose 
service  is  terminated  by  those  caixses,  claim  wages  for  the 
remainder  of  the  voj^age. 
Whenever         58.  If  the  seaman  is  to  be  provided  with  immediate  em- 
L  provided  ployment  in  some  other  ship,  the  Master  will  deliver  to  him 
with  other     ^jy  account  of  his  wages,  and  will  pay  the  amount  which  is 
ment.  proved  to  be  due  to  the  seaman  himself.     The  Consul's  duty 

S  S   171  205 

'         '      '  will  merely  consist  in  seeing  that  the  matter  is  properly 
transacted,  and  in  arbitrating  between  the  parties,  if  neces- 
sary.     He  has   no  judicial  power  vested   in   him,   but  the 
power  of  granting  or  withholding  his  sanction  of  the  dis- 
charge will  generally  enable  him  to  see  that  justice  is  done. 
If  the  man  is      59.  If,  liowever,  the  Consul  is  not  perfectly  satisfied  that 
the  Consur"  the  Seaman  is  at  once  about  to  be  provided  with  employ- 
hands,  an  ac-  j^gjjf  ^s  above  mentioned,  in  some  other  ship,  or  has  any       i 

count  ol  his  '  r'  J 

wages  must  reason  to  fear  that  the  man  will  be  left  behind  on  his  hands, 

be  given.         i  -n  •         n  i  /•   ii  i 

S.209.  he  Will  require  from  the  master  a  lull  and  true  account,  m 

Form  (C  12)  duplicate^  of  the  wages  due  on  the  form  (C.  12)  in  the  Appen- 
in  Appendix.  -,■  ,^i  ■  .  ,  •       -,         -i  i       •  i      i 

dix.      ihis  account  is  to  be  examined  and  compared  with  the 

agreement  and  Official  Log  Book  or  other  book  in   which 

s.  ni.  deductions  are  entered,  and  no  deductions  are  to  be  allowed 

unless  they  are  duly  entered  and  proved  to  the  satisfaction 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  57 

of  the  Consul  to  be  just.  The  Account  should  be  submitted 
to  the  seaman  for  his  approval,  unless  he  is  from  illness 
incapable  of  attending  to  it. 

60.  The  Master  is  then  to  pay  the  balance  to  the  Consul,  Balance  to 
either  in  money  or  by  a  bill  drawn  upon  the  Owner,  and  also  cons^i"^ '" 


sul. 


to  deliver  the  effects  of  the  seaman,  if  he  has  any,  to  the^*^"''- 
Consul.  The  Consul  will  then  indorse  on  one  of  the  copies 
of  the  account  a  receipt  for  the  money  (or  bill)  and  property 
delivered  to  him,  and  will  return  it  to  the  master,  informing 
him  that  he  will  be  called  upon  to  deliver  it  to  the  Shipping- 
master  at  his  port  of  destination  in  the  United  Kingdom  ; 
and  the  Consul  will  add  to  the  Certificate  which  he  indorses 
upon  the  agreement  of  the  vessel  (see  paragraph  53),  a  state- 
ment of  the  circumstances  imder  which  the  seaman  has  been 
left  in  his  charge,  specifying  the  amount  of  wages,  or  other 
property,  which  has  been  paid  to  the  Consul,  and  whether  it 
is  paid  in  money  or  by  a  bill.  In  all  cases  it  will  be  better 
that  the  payment  should  be  made  in  money  ;  but  when  the 
payment  is  by  bill,  the  Consul  will  certify  on  it  that  it  is 
drawn  on  account  of  seamen's  wages,  and  the  seaman  should 
indorse  the  bill. 

Gl.  In  cases  in  which  no  expenses  are  incurred  by  the  Money  re- 
Consul  for  a  seaman  so  left  behind,  or  if  all  the  expenses  in-  "ages'!  &c. 
curred  are  such  as   the   master  or  owner  of  the   ship  are  *""^ '"  ?^,  ^'^" 

f         ^  counted  for 

bound  to  pay,  the  whole  sums  and  property  received  are  to  and  paid. 
be  paid  and  delivered  to  the  man,  upon  his  getting  employ- 
ment or  leaving  the  port,  as  stated  in  paragraph  58.     But  in 
cases  in  which  any  expenses  are  incurred  (other  than  such 
as  the  master  and  owaiers  are  liable  for),  either  in  maintain- 
ing him,  or  in  sending  him  home,  the  money  received  on 
account  of  his  wages  or  property  must  be  brought  into  the 
quarterly  account  current  with  the  Board  of  Trade,  men- 
tioned below   (paragraphias),  and  Appendix,  form   (C.  26),  Forms  (c. 
and  the  duplicate  forms  of  account  (C.  12)  in  Appendix  must  &  ^■J'^aV')! m 
be  sent  with  the  account.     The  expenses  so  incurred  by  the  Appendix. 
Consul,  or  afterwards  to  be  incurred  in  sending  the  seaman 
home,  must  be  deducted  from  the  money  received,  and  the 
balance  only  (if  any)  is  to  be  paid  to  the  seaman.    On  making 
this  payment,  the  Consul  will  deliver  to  the  seaman  an  ac- 
count of  the  sums  received  and  expended  on  his  behalf,  in 
the  Form  marked  (C.  13)  in  the  Appendix,  a  copy  of  which, 
with  the  seaman's  receipt  for  the  balance,  must  be  trans- 
mitted by  the  Consul  to  the  Board  of  Trade,  as  a  voucher  for 

I 


58  THE  DUTIES  OF  A  CONSUL  GENERALLY. 

the  payment,  which  is  to  be  charged  in  his  quarterly  account 
current,  under  the  head  of  Wages  paid  to  seamen. 

If  the  wages  of  the  seaman  have  been  paid  to  the  Consul 
by  bill,  he  is  not  to  pay  the  seaman  the  balance,  but  refer 
him  to  the  Board  of  Trade  for  settlement ;  and  the  Board  of 
Trade,  upon  receiving  a  copy  of  the  accoinit,  form  (C.  13), 
with  an  explanatory  statement  from  the  Consul,  will,  if  any 
balance  is  due  to  the  seaman,  pay  it  to  him  upon  his  return 
to  this  country.  Even  where  the  payment  is  by  money  and 
not  by  a  bill,  a  similar  course  should  be  pursued  in  every 
case  in  which  the  seaman  is  sent  home  at  the  public  expense, 
and  ill  which  the  expense  thereby  incurred  cannot  be  reco- 
vered from  the  owners,  and  cannot,  for  any  reason,  be 
deducted  on  the  spot  by  the  Consul  from  the  balance  due  to 
the  seaman. 
Case  of  02.  When  the  wages  or  other  sums  above  mentioned  are 

paThyl)!]'!.  paid  by  a  bill,  and  not  in  money,  the  bill  must  be  indorsed 
by  the  seaman,  and  the  Consul  will  certify  on  the  back  of  the 
bill  that  it  is  for  a  seaman's  wages,  and  will  treat  it  accord- 
ingly, either  delivering  it  to  the  seaman,  or  sending  it  to  the 
Board  of  Trade,  to  be  recovered  upon  from  the  owners,  as 
the  case  may  require.  In  the  latter  case  the  amount  is  to  be 
entered  in  the  column  for  that  purpose  on  the  Subsistence 
Forms(c.20)  List  (C.  20),  and  an  entry  should  be  made  on  the  Account 
Appln'dix!'"  Current  under  the  proper  head,  in  the  column  "  Bills  drawn 

on  Owners  "  (C.  26),  see  Appendix. 
In  case  of  G3.  Should  the  seaman  die,  the  account  is  to  be  rendered 

^*'  '■  as  in  the  case  of  wages  aiKl  effects  of  deceased  seamen.    (See 

paragraphs  90  to  99,  below.) 
Certificate  to  64.  In  every  case  in  which  a  seaman  belonging  to  any  ship 
on  agree-  is  left  behind,  except  it  be  on  the  ground  of  desertion  or  ship- 
ss"205  209  wreck,  the  Consul  will  add  to  the  certificate  which  he  indorses 
on  the  agreement  of  the  ship  relative  to  the  delivery  of  the 
Forin(c.9)in  documents  (sec  paragraph  S.^),  a  certificate  in  the  form  (C.  9), 
ppen  1  .     .^  ^^^  Appendix,  or  to  the  same  effect. 

Belief  of  Distressed  Seamen. 

Persons  to        65.  The  functions   of  the   Government  under  this  head, 
s.  211.  hitherto  performed  by  the  Admiralty,  are,  from  the  1st  April, 

1855,  transferred  to  the  Board  of  Trade.  The  persons  to  be  re- 
lieved under  the  direction  of  the  Board  of  Trade  arc  seafaring 
ing  persons,  being  British  subjects,  who,  having  been  engaged 
either  in  merchant  sliips,  or  in  H.M.  ships,  or  in  ships  be- 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  59 

longing  to  any  foreign  power,  or  to  any  foreigner,  are  ship- 
wrecked, discharged,  or  left  behind,  and  are  found  in  distress 
in  foreign  ports.  Foreigners  who  have  served  in  British 
ships,  and  who  in  the  course  of  such  service  are  by  reason  of 
shipwreck,  or  otherwise,  left  in  distress  within  the  limits  of 
the  Consulate,  may  be  relieved  and  sent  back,  either  to  their 
own  country,  or  to  the  country  in  which  they  were  shipped, 
whichever  may  be  the  cheapest  or  most  convenient,  in  the 
same  manner  as  British  seamen,  provided  that  they  cannot 
tihta'm  relief  from  their  own  Consuls,  to  whom  appiicatioii  should 
always  he  made.  But  relief  must  not  be  given  to  foreigner.s 
unless  their  distress  is  immediately  consequent  upon  and 
owing  to  their  employment  under  the  British  flag.  The  Con- 
sul will  also  take  care  not  to  charge  to  the  Board  of  Trade 
expenses  incurred  on  account  of  any  person  whatever,  not 
coming  within  the  description  above  given,  or  to  order  a  pas- 
sage for  them  to  this  country.  The  Consul  will  also  take 
care  not  to  afford  relief  to  any  persons,  except  such  as  are 
destitute  and  without  any  money  or  other  means  of  sub- 
sistence. 

6Q.  Men  falling  or  being  sick  while  their  ships  are  in  port  Men  falling 
are  not  to  be  considered  as  on  that  account  entitled  to  relief,  s.'^224. 
but  are  to  be  cured  as  far  as  practicable  by  the  means  with 
which,  under  the  22 1th  section  of  the  Act,  every  ship  must  be 
provided.  The  Consul  may,  however,  take  charge  of  any 
such  sick  seaman,  if  for  the  purpose  of  preventing  infection, 
or  otherwise  for  the  convenience  of  the  ship,  it  is  considered 
desirable  that  he  should  be  temporarily  removed  from  the 
ship.  Should  the  seaman  subsequently  return  to  his  duty, 
the  expense  of  removal  and  of  providing  the  necessary  advice 
and  medicine,  and  of  his  subsistence  while  away  from  the 
ship,  must  be  paid  by  the  master,  in  the  manner  mentioned 
in  paragraph  G7.  If,  however,  the  man  should  continue  ill 
to  the  time  of  the  vessel  sailing,  and  it  appears  that  he  is 
unable  to  proceed  to  sea  in  the  vessel,  the  Consul  may  treat 
him  as  a  person  who  is  left  behind  on  the  ground  of  inability 
to  proceed  on  the  voyage. 

G7.  For  any*  expense  the  Consul  may  incur  in  respect  of  Men  injured 
men  and  boys  injured  in  the  service  of  the  ship,  whether  for  "j^ip"^"^**  ° 
medical  advice,  subsistence,  or  burial,  the  masters  and  owners  ^^-  ^^^' -?''; 

Form  (C.  IS) 

are  liable.     If  such  expense  is  not  repaid  on  the  spot  by  the  in  Appendix, 
master,  the  expense  and  repayment  must  be  entered  in  the 
accounts.     If  the  expense  is  not  repaid,  separate  vouchers 


60  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

are  to  be  rendered  with  the  quarterly  account  and  an  account 
in  the  Form  (C.  18)  is  to  be  transmitted  to  the  Board  of 
Trade,  in  order  that  the  amount  may  be  recovered  from  the 
owner. 
Men  ship-         68.  In  cases  of  shipwreck  of  British  vessels,  where  the 
FoJ:n]'(^/ ,8)  master  or  crew  apply  to  the  Consul  for  assistance  while 
iiiAppendix.  engaged  in  remaining  by  the  wreck  for  the  preservation  of 
the  property  or  for  the  collection  and  disposal  of  the  mate- 
rials and  stores,  they  are  while  so  employed  not  to  be  consi- 
dered as   distressed  mariners  to  be  relieved  at  the  public 
expense,  but  as  seamen  entitled  to  wages  and  maintenance. 
When  the  service  is  concluded,  they  will  be  treated  as  sea- 
men discharged  abroad,  and  their  wages  must  be  paid  accord- 
ingly.    (See  paragraphs  45  to  64.) 

If  the  Consul  finds  it  needful  to  advance  money  for  their 
subsistence  before  their  discharge,  he  may  do  so  on  obtaining 
a  written  undertaking  from  the  master  to  repay  the  amount 
advanced.     If  the  master  does  not  fulfil  this  undertaking, 
the  Consul  is  to  charge  the  amount  in  his  general  quarterly 
account  with  the  Board  of  Trade,  together  with  a  separate 
account.  Form  (C.  18)  in  the  Appendix,  and  vouchers,  in  order 
that  the  sura  advanced  may  be  recovered  from  the  owners. 
Foreign  sea-      69.  If  foreigners  are  employed  in  British  ships  they  are,  so 
Hsi" ships"'  long  as  they  are  in  the  service  of  the  ship,  to  be  treated  as 
British  seamen,  and  must  not  be  discharged  in  Foreign  Ports 
without  the  sanction  of  the  British  Consid.     If  such  men  are 
shipwrecked  or  left  behind  in  distress,  the  Consul  is  to  refer 
them  to  the  Consul  of  their  own  nation  ;  and  if  he  does  not 
relieve  or  send  them  away.  Her  Britannic  Majesty's  Consul 
may  do  so,  sending  them  to  the  country  in  which  they  were 
shipped,  or  if  it  can  be  done  as  cheaply,  but  not  otherwise, 
to  their  native  country. 
One  shilling      70.  The  sum  which  the  Board  of  Trade  have  fixed  as  the 
limu  of  sub-  1™!*  of  the  allowance  to  be  given  to  a  distressed  seaman  is 
monry.*        Is.  per  day.     If  a  sufficiency  of  the  necessaries  of  life  for  a 
s.  211.  day  cannot  possibly  be  obtained  for  the  above  allowance,  the 

men  are  to  be  relieved  upon  the  most  reasonable  terms  in  the 
ConsuVs  power.  If,  hoAvever,  a  sufficiency  of  the  necessaries 
of  life  can  be  obtained  at  a  less  rate,  no  more  than  is  abso- 
lutely requisite  to  purchase  the  same  is  to  be  allowed,  since 
it  is  clearly  not  the  intention  of  the  Legislature  or  of  the 
Ciovernment  to  grant  any  superfluous  allowance  to  seamen 
in  distress,  or  to  encourage  them  to  idleness  by  too  comfort- 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  61 

able  a  subsistence  at  the  public  expense.  Relief  is  only  to 
be  given  tbem  until  an  opportunity  oifers  for  sending  tbem 
to  some  port  in  tbe  United  Kingdom,  or  in  the  colony  or 
other  Britisli  possession  to  which  they  belong,  or  of  other- 
wise disposing  of  them.  No  higher  rate  is  to  be  paid  for  a 
master,  mate,  or  other  officer,  than  for  a  seaman. 

71.  A  voucher  for  all  such  payments  is  to  be  sent  with  the  Vouchers  foi 
accounts  in  the  Form  marked  (C.  20)  in  the  Appendix.     The  ments^.''^" 
witness  to  the  signature  or  mark  of  the  seaman  must  be  ?°1['"  (^-2") 

"  in  Appendix. 

some  disinterested  person,  and  must  not  be  the  Consul.  If 
the  seaman  is  too  ill  to  sign  the  voucher,  a  certificate  to  that 
effect,  by  some  disinterested  person,  must  be  added. 

72.  If  it  is  found  more  economical  that  the  men  should  be  Boarding 
boarded,  than  that  an  allowance  in  money  should  be  paid,  seamen'^ai 
the  bills  and  receipts  of  the  persons  with  Avhom  they  are  so  lowed, 
boarded  must  be  sent,  in  addition  to  the  vouchers  containing 

the  signatures  of  the  men. 

73.  Distressed  seamen  may,  if  necessary,  be  supplied  with  clothing 
clothing,  but  the  Consul  is  to  take  particular  care  that  they  ^ifej*^"  ^"^'' 
are  not  provided  at  the  public  expense  with  more  than  is 
absolutely  necessary,  and  that  no  superfluous  or  expensive 
clothing  is  on  any  account  allowed :  they  are  not  to  be  pro- 
vided with  boots,  but  with  shoes  only ;  neither  are  they  to 

be  allowed  silk  handkerchiefs,  gloves,  mitts,  or  similar  arti- 
cles, except  in  cases  of  pressing  necessity,  to  be  explained  by 
the  Consul.  No  difference  is  to  be  made  in  the  quality  of 
the  clothing  supplied  to  masters,  mates,  and  common  seamen. 

74.  No  bedding  of  any  description  is  to  be  purchased  for  Bedding. 
them,  except  in  cases  of  extreme  necessity,  as  wherever  it  is 
practicable  it  should  be  provided  for  them  in  the  house  where 

they  are  boarded  while  in  the  Consul's  charge,  and  in  the 
vessel  in  which  they  are  brought  to  this  coiuitry.  If,  how- 
ever, this  is  impractical)le,  and  the  case  imperatively  requires 
it,  the  Consul  may  purchase  such  articles  of  bedding  as  are 
absolutely  necessary.  In  such  case  they  must  be  accounted 
for  in  the  same  way  as  clothing. 

75.  The  Consul  may  also  provide  distressed  seamen,  when  Medical  as- 
necessary,  with  medical  advice  and  medicines.  sistance. 

76.  The  Consul  will  render  the  account  for  the  supply  of  Accounts  of 
clothing  in   Form  (C.  21),  and  for  medical  assistance  and^'g^'|p"jf^^"^ 
medicmes  in  Form  (C.  22),  in  the  Appendix,  and  will  transmit  Forms  (c.  21) 
thei'ewith  bills  of  particulars  and  receipts  from  the  persons  Appendix, 
to  whom  the  money  is  paid,  together  with  the  signature  or 


62  THE    DUTIES    OF    A    COKSUL    GENERALLY. 

mark  of  the  seamen,  in  proof  that  they  were  supplied  with 

the  articles  or  received  the  medical  attendance  charged  for ; 

and  a  certificate  from  himself  (the  Consul),  that  the  clothing 

or  medical  attendance  was  absolutely  necessary,  and  covild 

be  obtained  by  the  parties  in  no  other  way. 

Extiaordi-         77.  In  any  case  of  unusual  expense,  or  when  the  Consul 

pense'^         Considers  it  absolutely  necessary  to  deviate  from  his  instruc- 

Form  (C.  23)  tions  in  relieving  seamen,  he  must  be  very  particular  in 
in  Appendix.  °  .  .        ,  . 

explammg  the  causes  m  a  letter  accompanymg  his  accounts. 
Should  it  become  necessary  to  continue  men  on  charge 
longer  than  one  mouth,  a  statement  of  the  fact  is  to  be  noted 
against  their  names  in  every  subsequent  subsistence  list. 
(See  paragraph  78.) 

If  it  is  necessary  to  send  distressed  seamen  from  one  place 
to  another  in  the  foreign  country,  the  expense  is  to  be  charged 
in  the  form  (C.  23)  in  the  Appendix. 
Subsistence       78.  The  names  of  seamen  to  whom  the  Consul  affords  relief 
of  any  descrijjtion,  or  through   any  channel,  or  in  any  7nanner 
tvhatever,  are  to  be  included  in  the  subsistence  list.  Form 
Form  (C.  20)  (C.  20),  in  the  Appendix,  with  all  the  particulars   thereby 
ppenc  IX.  j,gq^^jj.gj      This,  list  should  always  commence  with  the  names 
of  the  seamen  who  have  been  continued  on  the  list  from  the 
preceding  quarter,  and  opposite  each  man's  name  should  be 
entered  the  numbers  marked  against  it  in  the  register  book 
referred  to  below,  paragraph  79. 
Register  of        79.  A  register  book,  in  the  form  (C.  19)  in  the  Appendix, 
seamen.        IS  to  be  kept  by  the  Consul,  in  which  the  names  and  other 
kTAppendix^  particulars  of  the  seamen  whom  he  takes  charge  of  are  to  be 
entered.     The  numbers  are  to  be  continued  consecutively, 
from  1st  April  to  31st  March  in  each  year,  and  to  commence 
afresh  with  No.  1,  on  the  commencement  of  every  new  finan- 
cial year. 

Reference  is  to  be  made  in  the  subsistence  list,  and  in  all 

other    accounts   of    disbursements,    to   the   number  in   the 

registry  book  for  the  respective  seamen. 

Expenses  in-     80.  If  British  seamen  have  been  saved  by  any  Foreign 

forefgners  in  ship,  and  brought  to  the  port  for  which  the  Consul  is  acting, 

relieving       ^j^g  Consul  will,  if  he  thinks  it  a  case  for  so  doing,  repay  to 

British  sub-  '  .  . 

jects.  the   Owner   or   Master  of  the   Foreign  Ship   any   expenses 

actually  incurred  in  maintaining  them.     In  every  such  case, 

he  will  represent  the  facts  to  the  Board  of  Trade,  stating  the 

circumstances  under  which  the  men  were  saved,  the  time  for 

Avhich  they  had  been  maintained  on  board,  and  any  other 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  63 

circumstances  justifying  the  p.ayment.  If  the  Foreign  ship 
has  been  piit  to  any  extraordinary  expense  or  inconvenience, 
the  Consul  will  report  the  circumstances  to  the  Board  of 
Trade,  in  order  that  steps  may  be  taken,  if  it  is  thought  to 
be  a  case  for  so  doing,  to  reimburse  the  foreigners. 

81.  The   Consul  will   also,  in  any  case  where  the  lives  of  Saving  of 
British  subjects  have  been  saved  by  Foreigners,  or  where  {■jfr^ei^nels'^j 
very  meritorious  services  have  been  rendered  by  Foreigners''^''*''""'"^''- 
to  British  ships  or  British  subjects,  report  the  case  to  the 
Secretary  of  State,  in  order  that  Her  Majesty's  Government 
may  have   it  in  their  power  to  consider  the  propriety  of 
making  some  acknowledgment  or  bestowing  some  reward. 
When  payments  are  directed  in  such  cases,  the  Consul  is  to  Payment  <.f 
charge  the  total  amount  so  paid  in  the  quarter  as  a  separate  '^®"''"''- 
item  in  the  account  current,  and  to  transmit  a  list  of  the 
payments  with  the  receipts  of  the  parties  and  the  authority 
of  the  Secretary  of  State  as  vouchers.     In  every  report  made 
to  the  Secretary  of  State  in  such  cases  he  will  state  whether 
any  and  what  expenses  have  been  repaid  under  paragraph 
80,  above. 

Sending  distressed  Seamen  home. 

82.  As  soon  as  an  apportunity  offers,  and  it  can  be  safely  Men  in  dis- 
done,  the  Seamen  in  receipt  of  relief  from  the  Consul  are  to  *'''**f '°  ^^ 

^  sent  liome  as 

be  sent  home,  either  to  the  United  Kingdom,  or  to  the  colony  >'["'"  ^^  pos- 
or  possession  to  which  the  men  belong,  as  the  case  may  8.21'!. 
require. 

83.  For  this  purpose  a  British  ship  wanting  men  is  to  be  ships  to  be 
preferred,  so  that  the  men  may  work  their  passage  home.  t*'i!is'p"rpo"se.. 
The  Consul  will  ascertain  the  want  of  men  by  reference  to •'^- bli- 
the number  of  her  original  crew  appearing  on  the  agreement. 

If  such  a  ship  can  be  found,  they  should,  if  fit  for  it,  be 
entered  upon  the  articles  of  the  ship  as  part  of  her  crew. 
If  there  is  no  ship  wanting  men  at  the  place,  they  are  not  to 
be  detained  for  the  purpose,  but  are  to  be  sent  as  supernu- 
meraries in  any  other  British  ship  ;  so,  however,  that  no  one 
ship  be  required  to  take  more  than  one  supernumerary  for 
every  fifty  tons  of  her  registered  tonnage.  If  the  men  are  in 
health,  and  prefer  other  proper  employment  to  being  sent 
home,  the  Consul  may  sanction  it,  provided  it  be  such  em- 
ployment as  not  to  lead  to  their  being  again  left  in  distress. 

84.  The  Consul  will  indorse  upon  the  agreement  of  the  indorsement 
ships  in  which  men  are  sent  home,  the  name  of  each  man  and  gg  ^^2\\%'\i 


CA  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

boy  put  on  board,  specifying  the  day  they  embark ;  and  he 
Form(C.  16)  will  also  fill  np,  sign,  and  deliver  to  the  master  of  the  vessel 
111  ppent  IX.  ^^  Q^.jgj.  jn  the  Form  (C.  IG)  in  the  Appendix. 
Expense,  85.  The  Consul  is  not  to  pay  masters  of  merchant  A'essels 

paid.  bringing  home  distressed  seamen,  but  is  to  inform  them  that 

s.  212.  upon  their  arrival  at  any  port  in  the  United  Kingdom,  they 

are  to  deliver  the  aforesaid  order  to  the  shipping  master, 
having  previously  filled  up  and  signed  the  declaration  at  the 
foot  thereof.  Proof  Avill  be  required  by  the  Shipping  Master 
that  the  seamen  have  been  landed,  to  enable  him  to  sign  the 
certificate  to  that  effect.  The  order  will  be  forwarded  by  the 
shipping  master  to  the  Registrar-General  of  Seamen,  ivho 
will  send  it  to  the  Board  of  Trade,  and  an  order  for  payment 
will  be  made  to  the  master  or  owner  at  the  rate  of  Is.  a  man 
per  day  for  every  man  brought  home  who  has  not  acted  dur- 
ing the  voyage  as  one  of  the  crew  of  the  vessel. 

When  distressed  seamen  are  sent  home  to  any  British  pos- 
session abroad,  by  a  Colonial  or  other  vessel  not  bound  to  the 
United  Kingdom,  the  order  is  to  be  delivered  by  the  master, 
after  making  the  required  declaration  to  the  Collector  of 
Customs  at  the  port,  who  will  either  take  steps  for  paying  it 
at  once,  or  transmit  it  to  the  Registrar-General  of  Seamen, 
to  be  sent  to  the  Board  of  Trade ;  and,  in  the  latter  case, 
payment  will  be  authorized  either  in  the  Colony  or  in  the 
United  Kingdom,  as  the  Master  or  Owner  may  by  written 
order  direct.  In  the  case  of  foreign  seamen  sent  to  their 
own  country,  the  same  course  will  be  pursued,  except  that 
the  order  will  be  delivered  to  Her  Britannic  Majesty's  Con- 
sul there,  instead  of  to  the  Collector  of  Customs.  He  will 
then  pay  the  amount,  and  charge  it  in  his  accounts. 
Treatment  86.  The  Consul  will  point  out  to  the  master  of  the  ship  in 
board"  °"  which  scamcn  are  sent  home,  that  he  is  boimd,  under  a  heavy 
s.  212.  penalty,  to  provide  them  with  berths  effectually  protected 

against  sea  and  weather,  and  that  if  this  is  not  done,  and  if 
their  svibsistence  and  treatment  is  not  what  it  should  be,  he 
S.  245.  will  not  be  entitled  to  reimbursement.     He  will  also  point 

out  that  the  men  sent  home  are  subject  to  the  same  rules  of 
discipline  as  the  crew. 
steps  to  be        87.    As  no   prosecution  can  be  instituted  with  success 
of'refusai  tcT  'ig'T^inst  the  masters  of  merchant  ships  for  refusing  to  take  a 
take  the        seaman  on  board  for  a  passage  to  a  British  port, .  without 

men.  r  o  r        ' 

S.2I2.  proper  evidence,  the  Consul  is  in  all  such  cases  of  refusal 

(unless  there  is  some  good  reason  for  it)  to  make  a  formal  re- 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  65 

qiiisition  to  the  master  in  writing,  and  to  send  a  copy  of 
such  requisition  to  the  Board  of  Trade,  with  the  answer  of 
the  master  (if  any),  and  is  also  to  see  that  the  distressed 
seaman  himself  is  present  when  the  requisition  is  delivered 
to  the  master,  and  is  to  desire  him,  upon  his  subsequently 
obtaining  a  passage  home,  to  call  as  soon  as  he  arrives  in 
this  country,  either  upon  the  Registrar-General  of  Seamen 
in  London,  or,  if  he  is  at  an  outport,  upon  the  Shipping 
Master  there.  The  Consul  will  also  give  the  seaman  a  letter 
addressed  to  the  Secretary  of  the  Board  of  Trade,  containmg 
a  statement  of  the  circumstances  of  the  case,  to  be  delivered 
to  the  Registrar  or  Shipping  Master,  as  the  case  requires  ; 
on  the  outside  of  letter  is  to  be  written  a  direction  instruct- 
ing the  bearer  to  leave  his  address  with  the  Registrar  or 
Shipping  Master,  and  a  duplicate  of  the  letter  is  to  be  sent 
to  the  Board  of  Trade  by  the  Consul,  with  the  copy  of  the 
requisition  and  answer  above  referred  to. 

88.  Whenever  there  are  no  British  merchant  vessels  in  Foreign 
which  distressed  seamen  can  be  sent  home,  and  the  Consul  be  used  in 
thinks  it  desirable,  in  order  to  avoid  delay  and  expense,  to  emergency, 
engage  a  passage  for  them  in  foreign  merchant  vessels,  he  is 

at  liberty  to  do  so,  but  is  in  such  cases  to  avoid,  if  practica- 
ble, making  any  payment  beforehand  for  such  passage,  but 
to  furnish  the  master  with  the  requisite  forms  and  informa- 
tion for  his  guidance  in  claiming  payment  from  the  Board  of 
Trade.  This  may  be  done  through  the  Foreign  Consul  at  the 
port  to  which  the  vessel  is  bound,  who  wUl  transmit  the 
necessary  forms  to  the  Board  of  Trade,  stating  the  date  when 
the  men  were  landed,  and  directions  will  then  be  given  for 
the  payment. 

89.  In  all  cases  where  relief  is  given  to  seamen  who  have  Recovery  of 
been  left  behind  by  the  master  without  full  compliance  with  ^om"  wners. 
the  provisions  of  the  Act  (see  paragraphs  45  to  64),  a  separate  pp^^^^V^  jg^ 
account,  in  form  (C.  18),  in  the  Appendix,  is  to  be  forwarded  inAppendix. 
with  the  vouchers,  so  as  to  enable  the  Board  of  Trade  to 
recover  the  siims  expended  from  the  owners. 

Wages  and  Effects  of  deceased  Seamen. 

90.  The  Act  makes  careful  provision  for  the  collection  and  Master  to 
distribution  of  the  wages  and  effects  of  seamen  and  appren-  ^yg^^^s^and'^ 
tices  who,  beins;  engaged  or  sent  home  in  a  ship  which  is  to  ^^ffects  of 

'  SCO  .  ,.  7  nien  dying 

terminate  her  voyage  in  the  United  Kingdom,  die  before  the  during  a 
voyage  is  completed.     To  effect  this,  it  is   provided,  that  in  s.  lyl. 


66  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

all  sucli  cases  the   master  is  to  take  charge  of  all  money, 

clothes,  and  effects,  which  the  deceased  leaves  on  board ; 

and  if  he  thinks  fit,  to  cause  all  or  any  of  the  said  clothes 

and  effects   to   be   sold  by  auction   at  the  mast   or  other 

public  auction,  and  is  thereupon  to   sign  an  entry  in  the 

official  log-book  containing  the  following  particulars :  (that 

is  to  say), 

(a).  A  statement   of  the    amount   of  the   money,   and   a 

description  of  the  effects  so  left  by  the  deceased : 

(b).  In  case  of  a  sale,  a  description  of  each  article  sold, 

and  the  sum  received  for  each : 

(c).  A  statement  of  the  sum  due  to  the  deceased  as  wages, 

and  the  total  amount  of  the  deductions  (if  any)  to  be  made 

therefrom ; 

And  is  to  cause  such  entry  to  be  attested  by  a  mate  and  by 

one  of  the  crew. 
In  certain         91.  If  ships  touch  and  remain  48  hours  at  a  foreign  port, 
dernii  °at  sea,  the  Consul  will  inquire  whether  any  seaman  or  apprentice 
the  Consul  is  |  j^g  ^j^g^j  during   the   voyage,   or   at   the  port,   and  will,   if 

to  demand  =>  J     &    '  f        ^ 

and  receive   necessary,  call  for  the  official  log  book,  or  other  papers.     It 
the  wages,      .        _  ,       i     ,       ,  ,     ,i  ,•      -,  i     ^    j_i 

&c.  IS  the  master  s  duty  to   report  these   particulars,   but  the 

Form  (c.  i5)Consul  will  take  care  nevertheless  to  make  the  inquiry.  In 
in  Appendix,  gases  where  such  a  death  has  happened,  and  the  Consid 
after  inquiry  finds  that  the  vessel  is  not  returning  imme- 
diately to  the  United  Kingdom,  and  that  payment  of  the 
wages  and  effects  of  the  deceased,  if  delayed  until  such 
return,  will  retard  settlement  of  the  claims  of  relatives 
beyond  the  time  at  which  such  settlement  might  be  completed 
if  the  property  were  remitted  by  the  Consul,  he  will  require 
from  the  master  the  payment  of  the  wages  either  in  cash  or 
by  bill  on  the  owners,  and  the  delivery  of  the  effects  (or  of 
the  proceeds  of  the  effects,  if  sold)  of  the  deceased.  An 
account  in  the  Form  (C.  15)  in  the  Appendix  must  be  deli- 
vered by  the  master  to  the  Consul,  who  will  examine  it  by 
comparing  it  with  the  agreement  and  official  log  book,  and 
will  allow  such  deductions  from  wages  only  as  he  is  satisfied 
are  just  and  lawful.  The  Consul  will  notice  and  point  out, 
s.  196.  if  necessary,  the  heavy  penalties  to  which  masters  are  liable 

should  they  make  default  in  accounting  for  the  wages,  etc., 
and  if  default  is  made,  he  will  report  the  case  to  the  Board 
of  Trade,  and  indorse  on  the  articles  of  the  ship  a  notice 
thereof. 
Expenses  at-     92.  The  rules  for  determining  whether  expenses  attendant 

tendant  on 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  67 

on  illness  oi'  death  are  to  be  borne  by  the  owner  or  to  be  illness  or 
deducted  from  the  wages  of  the  seaman  will  be  found  insf228. 
section  228.  With  regard  to  burial  expenses,  it  is  to  be 
observed  that  the  sura  to  be  deducted  must  be  reasonable. 
The  sums  actually  charged  are  often  exorbitant,  and  the 
Consul  will  therefore  be  careful  to  disallow  so  much  of  any 
such  charge  as  is  not  reasonable  and  necessary. 

93.  A  master  has  no  power  at  law  to  detain  a  seaman's  Advance  no 
effects  in  order  to  cover  advances  made  to  him  ;  and  no  such  eiTects. 
deduction  will  be  allowed  by  the  Board  of  Trade,  except  in 

cases  where  the  effects  consist  of  articles  supplied  by  the 
Master,  which  are  still  unpaid  for,  or  of  money  detained  as  a 
set-off  against  the  advances. 

94.  Upon  receipt  of  the  money  and  effects,  the  Consul  will  consul  to 
indorse  upon  the  agreement  of  the  ship,  and  sign  a  certificate  H^jgg'^*''''^'^'' 
•r  receipt,  stating  the  siun  of  money  and  articles  received  by 

him.     The  account  in  the  Form  (C.  15)  he  will  transmit  with  Form  (C.  15) 
his  accounts  to   the  Board  of  Trade.     He  will   also  in  all^"^J'P^"'^'''- 
cases   certify    on   the   agreement   of    the   ship,    either    that 
he  has  or  has  not  demanded  and  received  such  wages  and 
effects. 

95.  In  general,  it   will  be  desirable  that  the   effects  of  Effects,  how 
deceased  seamen  enumerated  in  the  Form  (C.  15)  and  deli- *°jj^,^^ ''®^'* 
vered  to  the  Consul  should  be  sold  by  him  ;  and  when  this  Forms  (C.  15) 
is  done,  the  proceeds  must  be  added  to  the  amount  of  wages  inAppendix. 
entered  on  the  Form  ;  there  may,  however,  be  special  cases, 

in  which  it  is  desirable  for  the  benefit  of  relatives  that  certain 
effects  should  be  sent  home,  and  in  such  cases  the  Consul 
will  endeavour  to  send  them  free  of  expense,  and  with  as 
little  delay  as  possible.  They  are  to  be  addressed  to  the 
shipping-master  at  the  port  in  the  United  Kingdom  to  Aviiich 
the  vessel  in  which  they  are  sent  is  bound,  with  a  Form 
(C.  17)  in  the  Appendix  filled  up  and  directed  to  the 
shipping-master. 

96.  When  any  seaman  belonging  to  any  British  ship  which  Money  and 
is  to  terminate  her  voyage  in  the  United  Kingdom,  dies  (at  ^^^^  "jg^,^^." 
the  port)  leaving  money  or  effects  on  shore,  the  Consul  is  to  ing  to  a 

1    •  1  ■  T  -I       re  -I   J.  n    iT      British  ship 

claim  and  receive  siich  money  and  euects,  and  to   sell  the  dying  at  the 
effects,  except  in  siich  special  cases  as  are  referred  to  above  g'^igs  jg; 
(paragraph  95),  and  to  transmit  full  particulars  of  the  sale  Form  (c  14) 
to  the  Board  of  Trade.     He  will  credit  the  proceeds  and  the 
money  left  (if  any)  in  his  accoimt  current  under  the  head  of 
proceeds  of  effects  of  seamen  dying  at  the  port.     For  every 


68 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


Wasres  and 
effects  of  sea 
men  dying 
within  the 
Consulate. 
S.  197. 
Forms  (C. 
14).  (C.  15), 
aiid(C.  26), 
in  Appendix 


Seamen's 
wills. 
S.  200. 


Estates  and 
effects  of 
Masters. 


seaman  so  dying,  a  separate  account  should  be  made  out  in 
Form  (C.  14)  in  tlie  Appendix,  showing  the  amount  received 
for  wages  and  effects,  and  the  amount  disbursed  for  expenses, 
and  should  be  sent  to  the  Board  of  Trade.  This  account 
must  be  sent  in  all  cases,  whether  any  balance  remains  due 
to  the  estate  of  the  deceased  seaman  or  not. 

97.  Subject  and  without  prejudice  to  the  provision  made 
by  the  foregoing  Instructions  for  the  cases  therein  men- 
tioned, the  Consul  will  also  in  every  case  in  which  any 
British  seaman,  in  whatever  service  he  may  have  been 
engaged,  dies  either  on  board  or  on  shore  within  the  limits 
of  the  Consulate,  do  his  utmost  to  claim,  receive,  remit,  and 
account  for  the  wages  and  effects.  In  cases  where  the  men 
are  discharged,  he  will  act  as  mentioned  above  (paragraphs 
45  to  64).  In  cases  in  which  seamen  die  without  having 
been  discharged,  whilst  their  ship  is  still  at  the  port,  he  wili 
act  in  like  manner,  so  far  as  circumstances  permit.  In  other 
cases,  he  wUl  do  his  utmost  to  obtain  all  the  money  and 
effects  which  belong  to  the  men,  and  are  at  the  place,  and  he 
will  then  deal  with,  and  remit  and  account  for  them  in  pre- 
cisely the  same  manner,  so  far  as  circumstances  permit.  In 
all  cases,  all  money  received  must  be  entered  in  his  accounts 
with  the  Board  of  Trade,  under  the  proper  head,  and  a  sepa- 
rate form  (C.  14)  or  (C.  15),  as  the  case  may  be,  must  be  sent 
for  each  man,  whether  any  balance  remains  due  to  his  estate 
or  not.  An  account  of  the  proceeds  of  the  sale  of  the  effects 
belonging  to  and  money  in  possession  of  such  seamen  is  to 
be  sent  to  the  Board  of  Trade  quarterly.  See  Form  (C.  25) 
in  Appendix. 

98.  The  Consul  will  observe  and  point  out  to  parties  who 
are  interested,  that  in  order  to  entitle  persons  claiming  under 
a  seaman's  will  to  demand  his  effects  from  the  Board  of 
Trade,  it  must  be  shown  that  the  will,  if  executed  on  board 
ship,  was  executed  in  the  presence  of  and  attested  by  the 
master  or  mate,  and  if  on  shore,  in  the  presence  of  certain 
ofiicial  persons  mentioned  in  the  Act. 

99.  The  foregoing  instructions  relate  to  all  persons  em- 
ployed in  the  service  of  any  British  ships,  except  masters. 
Their  effects,  if  they  die  in  foreign  ports,  are  to  be  treated  in 
the  same  manner  as  those  of  other  British  subjects.  If, 
however,  they  have  Certificates  of  Competency  or  Service, 
these  should  be  sent  to  the  Registrar-General  of  Seamen, 
Custom-house,  London. 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  69 

Discipline. 

100.  The  Consul's  duties  under  this  head  are  extremely  General 
important;  but  as  the  mode  in  which  he  must  act  must'^"'''^^" 
depend,  in  a  great  measure,  upon  the  country  in  which  he  is, 

and  the  position  and  powers  there  given  to  him,  it  is  impos- 
sible to  lay  down  general  rules  which  will  meet  every  case, 
and  he  must  be  guided  by  his  own  discretion,  and  by  such 
particular  instructions  as  may  be  given  him  from  time  to 
time.  Section  243  contains  a  list  of  the  principal  offences  Rules  in 
committed  on  board  ships,  and  their  respective  punishments  ; 
but  throughout  the  whole  of  the  Third  part  of  the  Act  will 
be  found  provisions  bearing  more  or  less  on  the  subj  ect  of 
discipline ;  and  upon  the  various  questions  which  arise  be- 
tween a  master  and  his  crew. 

In  grave  cases,  however,  which  the  Consul  feels  involve 
great  responsibility,  he  will  do  well  when  practicable  to 
avail  himself  of  the  assistance  of  a  Naval  Court  in  the  mode 
pointed  out  below.  (Paragraphs  109  to  123.) 

Desertion. 

101.  In  cases  of  desertion,  when  the  Foreign  Authorities  Recovery  ot 
are  required  by  treaty  to  give  assistance,  or  where  without   ^^'^'^  ^'^' 
such  treaty  they  are  willing  to  do  so,  the  Consul  will,  if 
desired  so  to  do  by  the  Master,  and  if  satisfied  of  the  justice 

of  the  case,  apply  to  the  Local  Authorities  to  have  the 
deserter  arrested,  and  placed  on  board;  any  expenses,  how- 
ever, attending  this  proceeding,  must  in  all  cases  be  paid  by 
the  Master. 

102.  Whenever  a   seaman  is   left  behind  on  account  of  Further 
desertion,  an  entry  of  the  desertion  must  be  made  in  the  of'^Jiese'rUon! 
Official  Log-book,  and  must  be  signed  by  the  Master  and  by  ?,■  ^^^v^  ,„^ 

°  '  .  Form  (C-  10) 

the  Mate,  or  one  of  the  crew.     This  entry  in  the  Log-book  in  Appendix, 
must  be  shewn  to  the  Consul,  and  he  will  then  examine  into 
the  allegation  of  the  desertion  so  made ;  and  if  after  full 
inquiry  he  is  satisfied  that  it  is  correct,  but  not  otherwise,  he 
will  indorse  upon  the  agreement  a  certificate,  s.  207,  in  the  s.  207. 
form  (C.  10)  in  the  Appendix. 

The  Consul  will  then  make  copies  of  the  entry  in  the 
Official  Log-book,  and  of  the  Certificates  so  indorsed  by  him 
upon  the  agreement,  and  wiU  certify  the  same  to  be  true 
copies,  and  seal  them  with  his  official  seal,  and  will  transmit 
them  by  the  first  opportunity   to  the  Registrar-General  of 


70  THE    DUTIES    OP    A    CONSUL    GENERALLY. 

Seamen,  Custom  House,  Loudon,  in  order  that  they  may  be 
produced  in  evidence,  if  required. 

Interference  of  Foreign  Courts  of  Justice. 

Interference  103.  In  considering  how  far  the  interference  of  Foreign 
court's?^"  Courts  should  be  allowed  or  invoked,  the  first  question  to  be 
looked  at  is  whether  there  are  any  treaties  on  the  subject 
existing  between  this  country  and  the  country  in  which  the 
Consul  is  acting.  To  the  express  stipulations  of  such 
treaties,  all  general  rules  of  international  law  are  subject; 
and  the  Consul  will  therefore  be  guided  by  them  in  the  exer- 
cise of  his  own  functions,  and  will  call  upon  the  Local  Autho- 
rities to  act  in  accoixlance  therewith. 
Local  police  104.  Subject  to  any  such  treaties  as  aforesaid,  the  Consul 
regulations.  ^^^^  remember  that  every  country  has  the  right  of  enforcing 
its  own  criminal  law  and  police  regulations  in  its  own  ports 
and  harbours,  and  that  if  any  offence  against  such  laws  or 
regulations  is  committed  in  such  ports  or  harbours,  on  board 
a  British  ship,  the  offender  is  liable  to  be  dealt  with  accord- 
ingly. In  such  cases  the  Consul's  duty  will  be  confined  to 
seeing  that  the  offender  is  fairly  tried,  and  that  justice  is 
properly  administered.  If  the  laws  or  regulations  of  the 
place  are  in  fault,  it  will  be  a  matter  for  representation  to  the 
British  Minister  in  the  country,  or  to  Her  Majesty's  Secretary 
of  State. 
Offences  105.  In  cases  where  the  offence  is  one  which  is  punishable 

both  by  the  both  by  the  law  of  the  place  as  above-mentioned,  and  also  by 
BrWsh'law^  British  law  as  mentioned  in  paragraph  125,  and  where  the 
Local  Authorities  are  willing  to  interfere  if  required  by  the 
Consul  to  do  so,  but  not  otherwise,  he  will  consider  whether 
the  ends  of  justice  will  be  best  met  by  calling  for  such  inter- 
ference, or  by  sending  the  offender  to  trial  in  some  British 
Court  of  Justice.  The  questions  he  will  have  to  consider 
are, — Which  is  the  speediest  and  most  certain  mode  of  obtain- 
ing justice,— which  course  is  the  best  for  the  convenience  of 
the  ship  and  the  witnesses, — and  above  all,  whether  the  prin- 
ciples and  practice  of  the  Foreign  Court  can  be  relied  on,  and 
whether  its  proceedings  and  modes  of  punishment  are  such 
as  would  be  considered  proper  and  humane  in  this  country. 
Imprison-  106.  In   any   case   in   which,   from   whatever   caiise,   any 

reign  ports.  British  Seaman  is  committed  to  prison  or  otherwise  punished 
in  any  Foreign  country,  the  Consul  will  see  that  the  place  of 
confinement  and  mode  of  treatment  is  such  as  would,  in  this 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  71 

country,  be  considered  proper  and  humane ;  if  it  is  not,  he 
will  report  the  case  to  the  British  Minister  in  the  country,  or 
to  Her  Majesty's  Secretary  of  State. 

107.  Subject  to  the  exceptions  mentioned  above,  the  Consul  Except  as 
will  remember  that,  according  to  well-established  riiles   of  ^'jn^Jd^T"" 
national  law,  a  British  ship  carries  British  law  with  her,  and  ^'^^}^^  ship 
that  all  offences  committed  on  board  such  ship  on  the  high  tish  law  wich 
seas,  and  all  mere  breaches  of  discipline  in  Foreign  ports,  as 
well  as  all  matters  arising  out  of  the  contract  with  the  crew, 
are  to  be  judged  of  by  British  law.     In  some  Foreign  coun- 
tries the  Local  Courts  of  Justice  will  take  notice  of,  and 
adjudicate  upon,   such   contracts;  but   in   these  cases  it  is 
usual  for  such  Foreign  Courts  to  act,  in  the  case  of  a  British 
ship,  not  according  to  their  own  law,  but  according  to  British 
law,  so  far  as  the  construction  of  the  contract  is  concerned. 
Except  in  cases  where  the  Consul  cannot  settle  the  matter 
otherwise,  it  is  extremely  undesirable  that  disputes  between 
the  Masters  and  crews  of  British  ships  should  be  taken  into 
Foreign  Courts;  but  whenever  this  is  done,  the  principles 
above  mentioned  should  be  adhered  to.     The  Consul  should 
explain  the  British  law;  and  if  this  is  not  followed,  he  should 
report  the  case  to  the  British  Minister,  or  Her  Majesty's 
Secretary  of  State. 

lOS.  In  cases   where   British   seamen    are    employed    in  British  sea- 
Foreign  ships,  the  Consul  will  remember  that,  in  accordance  on''"oar7ib-^ 
with   the   principles  mentioned  above,   they  are,  whilst   so  '''^'*''"  ^'''P^- 
employed,  subject  to  the  law  of  the  country  to  which  the 
ship    belongs,    and    not    to  British  law.      If,  therefore,   the 
Consul  is  called  upon  to  interfere  in  their  behalf,  he  should, 
either  in  applying  to  the  local  authorities,  or  in  taking  any 
other  steps  that  may  be  necessary,  endeavour  to  obtain  the 
assistance  of  the  Consul  of  the  country  to  which  the  ship 
belongs. 

Naval  Courts. 

109.  The  power  of  summoning  these  Courts  is  given  to  Cases  and 
Consuls  in  the  absence   of  any  officer  commanding  one  of  ^mmoning 
Her  Majesty's  Ships,  and  in  cases  where  such  an  officer  is  at?"^^^ 
hand,  the  Consul  should,  if  he  considers  there  is  a  case  for  a  s.  200/ 
Naval  Court,  apply  to  such  officer,  or  refer  the  parties  to 
him.     The  cases  in  which  a  Naval  Court  may  be   summoned 
are  the  following : 

(a).  If  the  Master  or  any  of  the  crew  of  any  British  ship 


72 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


In  cases  of 
dispute  and 
breach  of 
duty,  &c. 


In  cases  of 
wreck  and 


Persons  to 
constitute 
court. 
S.  261. 


make  a  complaint  to  the  Consul,  which  appears  to  him  to 
require  immediate  investigation  : 

(b).  Whenever  he  thinks  that  the  interests  of  the  owner  of 
the  ship  or  cargo  require  it : 

(c).  Whenever  a  British  ship  is  wrecked,  lost,  or  abandoned 
within  or  near  his  Consulate,  or  whenever  the  crew  or  part 
of  the  crew  of  a  ship  which  has  been  wrecked,  lost,  or  aban- 
doned abroad  arrives  at  any  place  in  his  Consulate. 

110.  In  judging  whether  the  case  is  one  which  requires  a 
Naval  Court  or  not,  the  Consul  must  use  his  discretion.  In 
cases  of  quarrels  between  the  master  and  crew,  he  will  not 
incur  the  trouble  and  expense  of  such  a  Court,  when  he  thinks 
that  the  matter  is  a  trifling  one,  or  that  it  can  be  settled 
satisfactorily  by  his  own  arbitration.  But  if  the  general 
state  of  discipline  in  the  ship  is  very  bad,  or  if  the  charges 
made  involve  important  nautical  questions,  or  if  powers  are 
necessary  which  the  Consul  alone  cannot  exercise,  he  will  do 
well  to  summon  a  Naval  Court ;  and  he  will  remember  that 
the  acts  of  such  a  Court,  if  in  accordance  with  the  Act  of 
Parliament,  Avill  be  recognized  by  British  Courts  of  Law, 
whilst  the  powers  of  Consuls  are  extremely  undefined,  and 
their  acts  will  frequently  have  no  validity  or  effect  in  case 
of  any  subsequent  legal  proceedings. 

In  cases  where  the  removal  of  a  Master  or  the  compulsory 
discharge  of  any  of  the  crew  appears  to  be  necessary,  the 
Consul  will  almost  always  find  it  desirable  to  have  recourse 
to  a  Naval  Cou.rt. 

111.  In  cases  of  wreck,  loss,  or  abandonment,  the  object  of 
summoning  a  Court  will  be  to  ascertain  what  the  causes  of 
the  wreck,  loss,  or  abandonment  may  have  been,  and  there- 
fore if  it  is  clear  that  it  has  been  caused  by  unavoidable 
accident,  it  wiU  be  unnecessary  to  institute  a  formal  inquiry ; 
but  if  there  is  any  suspicion  that  it  has  been  caused  by  the 
misconduct  or  neglect  of  the  Master,  or  any  of  the  crew,  or 
by  reason  of  the  ship  being  insvifficiently  manned,  or  if  it 
has  arisen  from  any  causes  the  investigation  of  which  would 
be  attended  with  benefit,  such  as  the  deviation  of  compasses, 
want  of  proper  lights,  or  sea  marks,  or  errors  in  charts,  it 
will  be  desirable  to  have  the  case  investigated  by  competent 
men  at  the  earliest  possible  period  after  the  occurrences. 
See  further  on  this  subject  (paragraphs  137  to  154)  below. 

112.  The  Court  is  to  consist  of  three,  four,  or  five  mem- 
bers, and  the  question  of  which  of  these  it  should  consist 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  73 

must  depend  upon  circumstances.  Whenever  it  is  possible 
one  of  these  must  be  an  officer  in  the  navy  of  the  rank  of  a 
Lieutenant,  or  some  higher  rank,  one  a  Consul,  and  one  a 
Master  of  a  British  merchant  ship.  If  the  Court  consists  of 
more  than  three,  the  remainder  may  be  either  Naval  Officers, 
Masters  of  Merchant  ships,  or  British  merchants.  If  there 
is  either  no  Naval  Officer  or  no  Consul  at  the  place  where 
the  Court  is  held  able  to  attend,  his  place  may  be  filled  up 
by  a  Master  of  a  British  merchant  ship,  or  British  Merchant. 
The  officer  who  summons  the  Court  may  be  a  member  of 
it,  but  the  master  or  consignee  of  the  ship  in  respect  of  which 
or  of  the  crew  of  which  the  investigation  is  made,  must  not  ; 
and  care  should  be  taken  to  exclude  any  person  who  is  in  . 
any  way  interested  in  the  matter  of  the  complaint ;  care 
should  also  be  taken,  where  there  is  a  power  of  selection,  to 
select  those  persons  who  are  most  fit  to  investigate  the  par- 
ticular subject  matter  before  the  Court. 

113.  The  proceedings  of  the  Court  should  be  conducted  as  Mode  of 
far  as  possible  upon  the  same  principles  as  those  of  ordinary  P''?g'!f'''"°- 
British  Courts  of  Justice,  so,  however,  as  not  to  fetter  it  by 
technicalities  or  forms  which  do  not  conduce  to  justice.    Due 

notice  must  be  given  to  the  parties,  and  to  witnesses,  to 
attend,  and  should  they  refuse  to  do  so,  the  Court  may  use 
such  powers  to  compel  their  attendance  as  may  be  at  their 
disposal.  Witnesses  may  be  examined  upon  oath,  if  it  is 
thought  desirable,  and  the  production  of  any  documents  im- 
portant to  the  case  may  be  directed.  If  the  investigation 
involves  a  charge  against  any  person,  great  care  must  be 
taken  to  give  him  full  notice  of  the  charge,  and  of  the  time 
and  place  at  which  the  Court  is  to  sit ;  he  should  also  be 
allowed  to  be  present  whilst  the  evidence  is  taken,  and  to 
brmg  any  evidence  or  make  any  statement  in  his  defence. 
Unless  there  is  some  special  reason  for  the  contrary,  the 
Court  should  be  open  to  the  public. 

114.  In  cases  where,  from  the  incompetency  or  misconduct  po«er  to 
of  the  Master  of  a  ship,  or  for  any  other  reason,  it  is  neces- ^"^st'^eT.''^ '^ 
sary  for  the  safety  of  the  ship  or  crew,  or  for  the  interests  s.2fj3. 

of  the  owner,  to  remove  the  master,  and  appoint  another  per- 
son to  act  in  his  place,  the  Court  may  do  so.  This  power  in- 
volves great  responsibility,  and  must  be  exercised  with  great 
discretion.  The  Court  must  be  unanimous  upon  the  point, 
and  if  there  is  a  consignee  of  the  ship  at  the  place,  the  new 
appointment  must  not  be  made  without  his  consent.     The 


74 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


Power  to 

discharge 
seamen. 
S.  1'63. 


exercise  ol'  the  power  becomes  the  more  important,  since  it 
enables  the  Board  of  Trade  to  cancel  the  certificate  of  the 
superseded  master,  whereby  he  may  be  deprived  of  his  live- 
lihood. The  President  of  the  Court  wiU,  in  these  cases,  in- 
dorse on  the  Certificate  of  Registry  a  memorandum  of  the 

s.  s.  242, 46.  change  of  Master,  and  subscribe  the  same,  and  will  report 
the  change  of  master  to  the  Commissioners  of  Customs  in 
London.  This  report  may  be  inclosed  in  the  report  to  the 
Board  of  Trade  hereinafter  mentioned  (paragraph  122). 

115.  The  Court  may,  with  or  without  the  consent  of  the 
parties,  discharge  any  seaman  from  his  ship,  and,  if  the  case 
requires,  may  declare  his  wages  or  any  part  thereof  to  be 
forfeited  ;  and  may,  in  cases  where  the  owner  is  a  sufferer  by 
the  man's  conduct,  direct  them  to  be  detained  by  him  by  way 
of  compensation,  or  may  direct  them  to  be  paid  into  the 
receipt  of  Her  Majesty's  Excheqvier.  In  the  last  case,  the 
order  must  be  fully  inserted  in  the  report  to  the  Board  of 
Trade  mentioned  helow  (paragraph  122),  in  order  that  the 
Shipping-Master  at  the  port  where  the  ship  is  paid  off  may 
claim  the  forfeiture.  The  power  of  dischai'ging  men  extends 
to  the  mates  and  to  all  persons  employed  i;i  the  ship.  It  is 
intended  to  meet  those  cases  in  which,  either  from  the  man's 
own  misconduct,  or  from  his  maltreatment  by  others,  or  for 
any  other  reason,  his  remaining  in  the  ship  would  involve 
danger  to  the  discipline  of  the  ship,  or  danger,  or  severe  and 
unmerited  hardship  to  himself.  The  power,  however,  shov^ld 
not  be  exercised  except  in  extreme  cases  ;  and  care  should 
also  be  taken  so  to  exercise  it  as  not  to  throw  unnecessary 
expense  upon  the  funds  expended  for  the  relief  of  distressed 
seamen. 

IIG.  The  Court  may  decide  any  questions  as  to  wages, 
fines,  or  forfeitures,  arising  between  any  of  the  parties  to  the 
proceedings.  In  so  doing,  it  should  be  guided,  as  far  as 
possible,  by  the  rules  of  the  Merchant  Shipping  Act,  1854, 
and  of  English  law.  If  any  seaman  or  apprentice  is  impri- 
soned in  any  foreign  port  by  the  local  authorities  at  the  in- 
stance of  master  or  owner,  or  of  the  Court,  or  of  the  Consul, 
and  the  Court  is  of  opinion  that  such  imprisonment  is  just, 
it  may  make  an  order  that  all  or  any  of  the  costs  incurred  in 
procuring  the  imprisonment,  or  of  the  maintenance  of  the 
offender  while  imprisoned,  shall  be  paid  out  of  and  deducted 
from  the  wages  of  the  offender. 

Power  to  117.  In  cases  brought  Avhere  it  appears  that  grave  crimes 

send  criini- 


Power  to 
decide  qiies 
tions  as  tu 
wages. 
S. 263. 


THE   DUTIES    OF    A    CONSUL   GENERALLY.  75 

have  been  committed,   a   Naval  Coiu't  may  send  home  the  nals  for  trial. 

offenders  for  trial,  with  the  witnesses.     In  these  cases  it  will 

be  governed  by  the   same  rules  as  are  hereafter  laid  down 

for  the  gaiidance  of  Consuls  in  like  cases  (paragraphs  124  to 

13G). 

118.  As  regards  costs,  the  Naval  Coiirt  may,  at  its  discre- Power  to 
tion  direct  them  to  be  paid  by  any  of  the  parties  in  the  pro-  s?263. 
ceeding.     These  costs  may  include  any  expenses  actua,lly, 
properly,    and   necessarily  incurred,    either  by  the  officers 
summoning  the  Court,  or  by  any  of  the  parties  ;  but  it  must 

not  include  any  remuneration  to  the  members  of  the  Court ; 
and  care  must  be  taken,  in  all  cases,  to  keep  these  costs  as 
low  as  possible.  If  the  Court  are  of  opinion  that  the  com- 
plaint is  frivolous  or  vexatious,  they  may  order  the  person 
who  has  made  it  to  pay  such  sum  as  they  coiisider  to  be  a 
reasonable  compensation  for  any  loss  or  delay  caused  thereby. 
The  Court  may  also  order  any  costs  or  compensation  to  be 
deducted  from  the  wages  of  the  person  whom  it  sentences  to 
pay  such  costs. 

119.  If  any  costs  actually  and  properly  incurred  by  the  Costs  may  be 
Naval  Court  cannot  and  ought  not  to  be  paid  bj-  any  parties  some  cases, 
to  the  proceedings,   the}^  may  be  charged  in   the   Consul's 
Account   Current    with   the   Lords   Commissioners   of  Her 
Majesty's  Treasury,  under  the  head  of  "  Consular  Contin- 
gencies;" but  no  such  charges  will  be  allowed  unless  they 

are  reasonable,  and  proved  by  proper  vouchers,  and  are 
shown  to  be  such  as  cannot  or  ought  not  to  be  paid  by  any  of 
the  parties  to  the  proceedings.  The  Consul  will,  therefore, 
in  no  case  insert  such  charges  in  his  Account  with  the  Trea- 
sury, vmtil  he  has  referred  the  matter  to  the  Board  of  Trade, 
and  has  received  a  specific  authority  to  do  so  from  the  Secre- 
tary of  State. 

120.  Especial  care  must  be  taken  to  frame  the  orders  of  the  Mode  of 
Court  in  the  most  full  and  distinct  terms,  and  to  follow  in  o'A'ers.^ 
every  particular  the  directions  contained  in  the  Act,  as  these 
orders  will,  if  strictly  made  in  accordance  with  the  Act,  bvit 

not  otherwise,  be  capable  of  being  received  and  used  in  any 
legal  proceedings  which  may  be  instituted  in  Courts  of  Justice 
in  the  British  dominions. 

121.  As  soon  as  an  order  is  made,  it  must  be  entered  in  Orders  to  be 
the  Official  Log  Book  of  the  Ship  to  which  the  proceedings  official  log. 
relate  ;  and  the  entry  must  be  signed  by  the  President  of  the  ^-  '^''^■ 
Court. 


76  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

Report  to  be  122.  When  the  proceedings  are  conchided,  a  Report  must 
jioaui  of  t)e  made  to  the  Board  of  Trade,  containing  the  following  par- 
"^^265  ticulars,  that  is  to  say, — 

(a).  A  statement  or  copy  of  the  complaint  or  other  matter, 
which  may  have  caused  the  summoning  of  the  Court : 

(b).  The  steps  taken  thereupon  by  the  Consul : 

(c).  A  copy  of  the  notice  given  to  any  person  against  whom 
any  charge  is  made  : 

(d).  The  names  and  descriptions  of  the  persons  composing 
the  Court : 

(e).  The  depositions  and  other  evidence  taken  before  the 
Court,  signed  when  practicable  by  the  witnesses  : 

(/).  The  Order  made  by  the  Court : 

( g).  If  any  seaman  or  apprentice  is  discharged,  an  account 
of  his  wages  should  be  added : 

(k).  When  a  ship  has  been  wrecked,  lost,  or  abandoned, 
there  should  be  added  a  statement  in  full  of  the  opinion  of 
the  Court  as  to  the  cause  of  the  wreck,  loss,  or  abandonment, 
with  any  remarks  on  the  conduct  of  the  master  or  crew,  with 
any  other  circumstances  connected  mth  the  loss  which  the 
Court  think  fit  to  make. 

The  report  must  be  signed  by  the  President  of  the  Court, 
with  his  official  title,  and  if  he  be  a  Consul,  his  Consular  seal 
should  be  attached.  The  depositions  and  all  the  documents 
contained  or  referred  to  in  it  must  be  originals,  and  not 
copies,  unless  they  are  documents  which  it  is  absolutely 
necessary  to  keep  for  some  other  purpose ;  in  which  case  the 
copies  must  be  certified  by  the  President  to  be  correct.  The 
report  must  be  then  sent  home  by  the  first  opportunity  to 
the  Board  of  Trade,  with  a  covering  letter  from  the  Consul. 
The  utmost  attention  should  be  paid  in  observing  these  for- 
malities, as,  without  them,  the  proceedings  of  the  Court  will 
probably  be  rendered  nugatory. 
Penalties  for  123.  Should  any  person,  without  cause,  obstruct' the  sum- 
g'^geT'^""^  moning  or  the  proceedings  of  any  Naval  Court,  the  Consul 
will  point  out  to  him  that  he  thereby  incurs  a  penalty  of  50^., 
or  imprisonment  with  hard  labour  for  twelve  weeks.  And  if 
he  perseveres,  he  will  report  the  case,  with  the  names  and 
addresses  of  the  necessary  witnesses,  to  the  Board  of  Trade; 
but  the  Consul  wUl  at  the  same  time  remember,  that  this 
penalty  is  not  to  prejudice  any  steps  which,  by  courtesy  of 
the  local  authorities  or  otherwise,  he  may  be  able  to  take  on 
the  spot. 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  77 

Criines  committed  on  the  High  Seas  and  Abroad. 

124.  Crimes   committed  on  the  high   seas  on  board  any  jrode  in 
British  ship,  and  offences   against  property  or  person  com-  offe','Jces",^'' 
mitted  at  any  place  in  foreign  countries  by  any  person  who  '"^  '""'■>  'f 

1  •  ^1  •      •  n     ^  «.  1     ,  committed 

at  the  time  of  the  commission  of  the  oftence  belongs  to  any  by  persons 
British  ship,  or  by  any  British  subject  who  has  within  the  a  n'^^itlsh"  '° 
previous  three  months  belonged  to  any  British  ship,  are  sub- 1' ' y^Q 
ject  to  the  same  punishments,  and  may  be  tried  in  the  same 
manner  as  if  they  had  been  committed  within  the  jurisdiction 
of  the  Admiralty  in  England,  that  is  to  say,  according  to  the 
common  criminal  law  of  England. 

125.  The  Consul  will,  however,  remember  that,  subject  to  Juris.iictioa 
any  special  provision  made  by  Treaty,  offences  agamst  the  counT^" 
municipal  law  of  any  country,  committed  within  the  limits  of 

that  country,  although  committed  on  board  a  British  ship, 
and  by  British  subjects,  whether  they  may  be  tried  according 
to  British  law  or  not,  are  certainly  liable  to  be  tried  by  the 
courts  and  according  to  the  law  of  that  country.  The  Consul 
will  also  remember  that  persons  committing  offences  on 
board  a  foreign  ship,  though  British  subjects,  are  liable  to  be 
tried  by  the  law  of  the  country  to  which  the  ship  belongs. 
(See  paragraphs  103  to  108.) 

126.  Upon  a  complaint  being  made  to  the  Consul  of  any  Proceedintjs 
offence  against  British  law  having  been  committed  on  the  by  roifsui" 
high  seas,  or  if  without  complaint  he  becomes  aware  of  any  ^-  ^*'^- 
serious   offence  having  been  committed  on  board  a  British 

ship,  he  may  inquire  into  the  case  upon  oath,  and  may 
summon  witnesses  before  him  for  that  purpose ;  and  if  there 
is  evidence  which  in  the  opinion  of  the  Consul  is  sufficient  to 
substantiate  the  charge,  he  may  send  the  offender  to  some 
place  in  the  British  dominions  at  which  he  can  be  tried.  As 
prosecutions  in  such  cases  have  often  failed  for  want  of 
observance  of  the  requisite  formalities,  or  for  want  of  evi- 
dence, or  for  the  want  of  a  prosecutor,  or  of  witnesses,  and  as 
sending  home  prisoners  involves  very  serious  expense,  the 
Consul  AvUl  be  careful  to  observe  the  following  rules. 

127.  The  Consul  will  not  send  home  the  offender  at  the  Offenders  to 
public   expense,    unless    the    crime   is   murder,   attempt  to  jn  ag'gra-*""* 
murder,   piracy,    slave    trading,    manslaughter,    aggravated  ^^J*^*?  '^^^^^ 
assault,  wilful  destruction  of  the  ship,  deliberate  and  con- 
certed mutiny,  or  some  other  offence  of  a  very  serious  nature 
involving  risk  to  the  life  or  welfare  of  others. 

In  cases  of  petty  theft,  and  also  in  cases  of  insubordi-  or  wiiere  an 

undertaking 


78 


THE  DUTIES  OF  A  CONSUL  GENERALLY. 


18  given 
for  the  ex- 


Witnesses 
must  be 
sent. 


To  wliat 
place  the 
offender  is 
to  be  sent. 
S.2(i8. 


In  what 
ships  tliey 
are  to  be 
sent. 
S.  268. 


Offenders 
and  wit- 
nesses to  be 
kept  in  tlie 
meantime. 


nation  and  of  other  crimes  of  that  description,  the  Consul 
will  in  no  case  send  the  offender  for  trial,  imless  the  master 
or  agent  of  the  ship,  or  some  other  person  against  Avhom  the 
offence  has  been  committed,  nndertalies  to  prosecute  and  to 
pay  the  expenses  of  sending  home  the  offender  and  wit- 
nesses. This  undertaking  must  be  such  as  to  be  satisfactory 
to  the  Consul,  and  must  be  forwarded  by  him  to  the  Board 
of  Trade. 

128.  The  Consul  must  in  no  case  send  an  offender  for  trial, 
unless  he  at  the  same  time  sends  the  necessary  witnesses  to 
give  viva  voce  evidence  at  the  trial,  or  is  satisfied  that  they 
are  about  to  proceed  to  the  place  where  the  trial  will  be 
held.  Sending  the  witnesses,  however,  must  not  interfere 
with  his  sending  the  depositions,  as  hereafter  mentioned. 
(Paragraph  136.) 

129.  In  deciding  to  what  place  the  offenders  shall  be  sent 
for  trial,  the  Consul  will  be  guided  by  circumstances.  In 
general  cases  he  will  send  them  to  Great  Britain;  but  if  there 
is  any  British  court  of  justice  capable  of  trying  the  offence 
to  which  the  offender  and  witnesses  can  be  sent  more  cheaply, 
speedily,  and  conveniently,  he  will  send  them  to  the  British 
possession  in  which  such  Court  is  situate. 

130.  If  there  is  any  Queen's  ship,  the  officer  in  command 
of  which  is  willing  to  receive  the  persons  to  be  sent  for  trial, 
the  Consul  will  avail  himself  of  the  opportunity.  If  not,  he 
will  send  them  in  the  first  British  merchant  ship  which  can 
take  them,  but  he  must  not  send  more  than  one  prisoner  for 
every  100  tons,  or  more  than  one  witness  for  every  50  tons 
of  the  ship's  burthen. 

He  will  point  out  to  the  master  of  the  ship  in  which  they 
are  sent  that  he  is  bound,  under  a  penalty  of  50/.,  to  afford  a 
passage  and  subsistence  to  every  offender  and  witness  so 
sent;  and  upon  the  ship's  arrival  at  the  place  to  which  they 
are  sent,  to  give  the  offenders  in  charge  into  the  custody  of 
some  police  officer  or  constable,  so  that  they  may  be  taken 
before  a  magistrate,  to  be  dealt  Avith  according  to  the  Act. 
He  will  also  point  out  to  the  Master  how  he  is  to  be  reim- 
bursed. (See  paragraph  131.) 

131.  The  Consul  will  take  such  means  as  may  be  in  his 
power  for  detaining  the  offender  until  he  can  be  so  sent  as 
aforesaid,  and  will,  if  necessary,  maintain  the  witnesses  until 
they  can  be  sent ;  and  he  will  also  in  matters  of  account, 
and  in  every  other  respect  relating  to  offenders  and  witnesses 


THE    DUTIES    OP    A    CONSUL    GEXERALLY.  79 

SO  sent  home,  as  far  as  the  foregoing  instructions  and  other 
circumstances  permit,  follow  the  same  rules  which  are  laid 
down  for  his  guidance  in  the  case  of  distressed  seamen 
relieved  and  sent  home  by  him. 

132.  In  certain  cases  depositions  taken  before  Consuls  are  Deposition 
made  receivable  as  evidence  in  British  Courts  of  Justice,  but  sin/^ 

in  order  that  they  should  have  any  effect  it  is  essential  that  ^'  ^'^"■ 
all  the  requirements  of  the  Act  should  be  strictly  complied 
with,  and  that  the  utmost  possible  care  should  be  taken  for 
that  purpose  ;  and  in  receiving  and  forwarding  the  deposi- 
tions with  this  object,  the  Consul  sho^^ld  attend  particularly 
to  the  following  rules. 

133.  The  depositions  should  always  be  taken  down  in  writing  Depositions, 
at  the  time  they  are  made,  and  when  the  examination  of  the  faken"  "^ 
witness  is  concluded,  shoiild  be  read  over  and  signed  by  him,  ^-  ^^*'- 
and  should  be  authenticated  by  the  signature  of  the  Consul. 

The  deposition  should  be  headed  by  a  statement  in  writing, 
under  the  hand  of  the  Consul,  of  the  name  and  description  of 
the  deponent,  and  of  the  matter  in  which  it  is  taken,  including 
in  criminal  cases  the  name  and  description  of  the  accused,  and 
the  charge  made  against  him.  The  Consul  should  also  state  dis- 
tinctly in  writing  that  the  deposition  is  made  before  him,  and 
in  criminal  cases  that  it  is  made  in  the  presence  of  the  accused. 

134.  When  witnesses  make  a  deposition,  or  give  evidence  if  made  in 
in  any  other  language  than  English,  it  should  be  through   a  guage. 
competent  interpreter,  sworn  to  interpret  truly,  and  the  name* 

of  the  interpreter  and  the  fact  that  he  was  so  sworn  should 
be  stated  on  the  deposition,  and  certified  by  the  Consul. 
The  examination  should  take  place  through  the  interpreter 
after  he  is  sworn,  and  should  be  taken  down  by  the  Consul 
in  English,  and  signed  by  the  interpreter. 

135.  Where  the  case  involves  a  charge  against  any  person  Fasilitiesfor 
the  examination  should  always  take  place  in  the  presence  of  na*tion.'^i"c." 
the   accused.      Each   witness's    evidence,    when    completed,  [J^  accus  T 
should  be  distinctlv  read  and  explained  to  the  accused  in  his  parties. 

,  "  S.  270   'C 

own  language,  and  he  should  be  told  by  the  Consul  that  he 
may  put  any  questions  he  thinks  proper  to  the  witness,  and 
that  the  substance  of  the  questions  and  the  answers  will  form 
part  of  the  evidence.  If  he  puts  any  questions  the  questions 
and  answers  should  be  taken  down  in  English,  and  form 
part  of  the  examination.  This  also,  when  necessary,  should 
be  done  through  a  sworn  interpreter. 

136.  The  original  depositions,  and  not  copies,  must  in  all  Originals  to 
cases  be  sent,  and  they  must  be  sent  at  as  early  a  period  as  s'ATih' 


80 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


Notice  of 
wrecks, 
lo^bes,  &c. 


Consuls  to 
give  assist- 


Ill  terference 
aulhorized 
b)  treaty. 


Consul  not 
to  interfere 
with  masters 
or  agents. 


possible.  If  the  trial  is  to  be  in  the  United  Kingdom,  they 
must  be  sent  to  the  Board  of  Trade,  with  a  letter  stating  the 
substance  of  the  case.  If  elsewhere,  the  depositions  will  be 
sent  accordingly. 

Wreck     and     Salvage. 
JVrecks  and  Casualties. 

137.  There  is  no  enactment  or  law  expressly  requiring 
Masters  of  British  ships  which  have  suffered  wreck  or  damage 
to  report  to  the  Consul,  but  they  will  almost  invariably  do 
so  for  the  purpose  of  making  a  protest,  if  not  for  the  purpose 
of  claiming  assistance  ;  and  even  if  they  should  not,  the 
Consul  will  scarcely  fail  to  be  informed  of  the  occurrence. 

138.  Whenever  any  British  ship  is  wrecked,  lost,  or  aban- 
doned within  the  limits  of  the  Consulate,  it  wUl  be  the 
Consul's  duty  to  give  every  assistance  in  his  power  towards 
saving  the  lives  of  those  on  board,  and  preserving  the  pro- 
perty for  the  owners.  The  particular  steps  to  be  taken  for 
this  purpose  will  depend  on  the  circumstances  of  each  case, 
and  on  the  powers  which  he  may  possess  under  treaties,  or 
under  the  laws  of  the  country  in  which  he  is  acting.  He 
will  endeavour  to  obtain  the  assistance  of  the  local  authori- 
ties if  necessary,  and  he  will  also  endeavour  to  have  that 
assistance  rendered  in  such  a  shape  and  to  such  an  extent, 
and  to  such  an  extent  only,  as  may  be  for  the  interest  of  the 

'  owners  or  insurers. 

139.  In  countries  where  the  British  Consul  is  authorized 
by  treaty  to  interfere  in  matters  of  wreck,  and  to  claim 
wrecked  property  he  will,  so  far  as  the  treaty  permits,  re- 
quire the  local  authorities  to  allow  him  to  act  accordingly, 
and  to  prevent  the  interference  of  improper  and  unauthorized 
persons.  He  will  also  demand  the  restitution  of  property 
saved,  subject  to  salvage  and  other  proper  expenses.  If  any 
difficulty  is  thrown  in  his  way,  contrary  to  the  spirit  of  the 
treaty,  he  will  represent  the  case  to  the  British  Mmister,  or 
to  Her  Majesty's  Secretary  of  State. 

140.  If  in  cases  of  wreck  or  casualty  the  Master,  or  any 
other  competent  officer  of  the  ship,  is  present,  the  Consul  will 
not,  unless  there  is  reason  to  suspect  foul  play,  interfere  with 
any  steps  they  may  take  for  saving  the  ship  or  cargo,  but 
will  give  such  assistance  as  may  be  in  his  power.  In  like 
manner,  if  any  other  authorized  agent  of  the  owners  is  pre- 
sent, he  will  permit  him  to  take  the  necessary  steps,  merely 
giving  his  assistance.     The  Consul  will,  however,  on  the  one 


THE  DUTIES  OF  A  COXSUL  GENERALLY.  81 

hand,  considei'  himself  bound  to  do  whatever  may  be  neces- 
sary with  the  local  authorities,  and  will,  on  the  other,  re- 
quire the  Master  or  agent  to  pay  any  expenses  which  he 
(the  Consul)  has  properly  incurred. 

141.  He  will  give  all  necessary  assistance  to  the  persons  Assistance 
on  board  the  wrecked  vessel.     In   cases  of  death  he  willon^o'ard"' 
endeavour  to  ascertain  their  identity,  will  see  that  they  are  ^J^J^'j^* 
buried,  and  will  report  their  names  and  descriptions  to  the 
Board  of  Trade.     The  Consul's  further  duties  in  respect  of 

the  crews  of  shipwrecked  vessels  are  mentioned  in  paragraphs 
68  and  142. 

142.  The  Consul  will  give  his  best  assistance  in  settling  salvage  ex- 
the  claims  of  salvors.     The  crew  of  the  ship  are  not  entitled,  p*^"^^-'- 
according  to  British  law,  to  make  any  claim  as  salvors.    The 

claims  of  other  salvors  at  the  place  will  be  determined 
according  to  the  law  of  the  place. 

143.  The  Consul  will  notice  that  where  the  salvor,  whether  Voluntary 
a  person  emploj'ed  in  Her  Majesty's  service  or  not,  and  the  ^r  salvage, 
master  of  the  ship  saved,  can  agree  between  themselves  for^-  '*'"'• 
the  purpose,  they  may  enter  into  an  agTcement,  which  will 

have  the  same  effect  as  the  bond  mentioned  below,  to  be 
used  in  cases  of  salvage  by  Her  Majesty's  Ships,  paragraph 
1.58.  This  agreement  need  not  be  entered  into  before  the 
Consul,  and  he  need  not,  necessarily,  have  anything  to  do 
with  it ;  but  it  is  desirable  that  he  should  be  aware  of  the 
effect  of  such  agreement,  and  should  be  able  to  point  out 
to  parties  interested  a  mode  of  settling  disputes,  which  may 
often  prevent  unnecessary  detention  and  annoyance. 

144.  If  parts  of  the  ship  or  goods  are  washed  on  shore  or  Consul  to 
otherwise  found  out  of  the  custody  of  the  master  or  crew,  preserve' 
the  Constil  will,  so  far  as  he  is  able,  claim  and  keep  the  goods  goods. 
for  the  owners  or  insurers  or  their  agents ;  he  will  communi- 
cate with  Lloyd's  Agent,  and  will  do  his  utmost  to  co-operate 

and  act  in  harmony  with  him;  he  will  give  to  the  owners 
notice  of  the  wreck  and  of  the  goods  in  his  possession,  and 
will  deliver  or  deal  with  them  subject  to  the  payment  of 
proper  fees  and  expenses,  as  the  lawful  claimants  may  direct. 

14.5.  The  Consul's  duties  with  respect  to  wrecked  goods.  Goods  lost 
apply  not  only  to  vessels  stranded  within  the  bounds  of  the  °[  ^g^^^''^'' 
Consulate  and  their  cargoes,  but  also  to  any  portion  of  such 
ship  or  cargo  which  may  be  brought  into  the  Consulate  in 
consequence  of  any  wreck  or  disaster  at  sea. 

146.  If  any  papers,  such  as  charter  parties,  bills  of  lading,  Papers 


82  THE  DUTIES  OF  A  CONSUL  GENERALLY. 

ship's  articles,  etc.,  are  found,  the  Consul  will  collect  them, 
and  after  marking  them  and  keeping  a  note  of  them,  will 
restore  them  to  the  owners.     For  this  purpose  the  Consvil 
may  send  them  either  to  the  Board  of  Trade  or  otherwise,  as 
he  thinks  best, 
communiea-      147.  The  Consul  will,  at  the  earliest  opportunity,  commu- 
rl"sted  par-'"  "icte  any  particulars  relating  to  the  wreck  or  damage  of 
•ies-  British   Ships  and  their  cargoes  to  the  persons  interested. 

This  may  be  done  either  directly  or  through  the  Board  of 
Trade,  if  the  parties  reside  in  this  country,  or  in  any  other 
way  the  Consul  may  think  best. 
Sale  of  148.  In  cases  in  which  wrecked  property  comes  into  the 

aVticl;"'        possession  of  the  Consul,  and  neither  the  Owner,  nor  the 
Master  nor  any  authorized  agent  can  be  found  or  communi- 
cated with,  the  Consid  may,  if  the  case  requires  it,  sell  the 
property,  or  such  part  of  it  as  is  perishable  or  not  worth  the 
expense  of  warehousing  for  the  benefit  of  those  interested; 
but  in  such  cases,  neither  the  Consul  nor  those  employed  by 
him  must  be  interested  to  any  extent,  directly  or  indirectly,  in 
the  purchase  of  the  articles.     If  the  lawful  claimants  cannot 
be  fovmd,  and  the  property  is  not  claimed  by  the  Local  Au- 
thorities, he  will,  after  the  expiration  of  a  reasonable  time 
sell  the  property,  and  remit  the  proceeds  to  the  Board  of 
Trade,  to  be  dealt  with  as  Droits  of  Admiralty. 
Admission         149.  The  Consul  will  interpose  his  good  offices  with  the 
°oods  for''     Local  Authorities  to  obtain  the  reduction  or  remission  of 
oonsump-      cluties  on  goods,  which  on  account  of  shipwreck  or  jettison, 
it  is  necessary  to  sell  in  the  country.     In  this  he  will  be 
o-uided  by  the  treaties,  and  will  bear  in  mind  that  the  prin- 
ciple  adopted   in   this   country,    and   which    Her  Majesty's 
Government  would  wish  to  see  universally  adopted,  is  that 
such    goods    should   be   admitted   for   consumption   in   the 
country  where  the  wreck  takes  place,  to  the  same  extent  and 
on  the  same  terms  as  if  they  had  been  imported  in  a  ship  of 
that  country. 
General  ave-      150.  When  cases  of  general  average  occasioned  by  jettison 
^^^'''  are  brought  before  the  Consul,  he  will  take  all  the  means  in 

his  power  to  ascertain  if  the  jettison  was  necessary,  and  the 
loss  thereby  occasioned  real ;  and  if  he  has  any  reason  to 
suppose  that  any  fraud  or  improper  act  has  been  committed 
by  the  Captain  or  crew  to  the  injury  of  the  Owners,  or 
Insurers  of  the  ship  or  cargo,  he  will  take  steps  to  inform 
them,  and  to  enable  them  to  procure  the  requisite  evidence. 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  83 

He  will  also  report  the  case  to  the  Board  of  Trade,  sending 
the  depositions  or  other  evidence  in  manner  mentioned  in 
paragraph  136. 

151.  Fees  to  be  charged  by  the  Consul   for   services  in  Fees  and  ex- 
respect  of  wreck  or  damage  are  those  mentioned  in  para-pornrfc  29) 
graph  173,  and  table  (C.  2D,  part  2)  in  the  Appendix:    no i" Appendix, 
other  charge  is  to  be  made  except  for  expenses   actually 
incurred. 

152.  The  Consul's  duties  with  regard  to  the  Certificate  of  Certificate  of 
Registry  of  a  British  ship  which  is  lost,  are  mentioned  above 
(paragraph  13). 

153.  The  Consul's  duties  in  respect  of  summoning  a  Naval  Summoning 

.  .        .  ,  •  T  1    a  Naval 

Court  to  inquire  into  the  circumstances  attending  a  wreck  Court. 

are  mentioned  above  (paragraph  111). 

154.  In  addition  to  the  above,  the  Consul  will  in  every  Upon  every 
case,  when  it  comes  to  his  knowledge  that  any  British  ship  repon'to  be 
has  been  wrecked,  lost,  or  seriously  damaged,  and  where  he  JJo^rd'of 
does  not  think  it  necessary  to  summon  a  Naval  Court,  or  has  Trade. 
not  the  power  of  so  doing,  report  the  circumstances  to  the 

Board  of  Trade,  stating  what,  in  his  opinion,  was  the  cause 
of  the  casualty,  with  any  other  matters  he  may  think  import- 
ant. He  w'ill  be  especially  careful  to  report  any  circumstances 
showing  fraud,  negligence,  or  misconduct  on  the  part  of  the 
Master  or  Officers. 

Salvage  hy  Her  Majesty's  Ships. 

155.  In  order  to  prevent  needless  detention  of  the  ships  or  General  ob 
property  saved,  and  at  the  same  time  to  ensure  due  satisfac- enactments. 
tion   of  the   claims   of  the   Salvors,  provision   is  made  for 
releasing  the  lien  of  the  Salvors  upon  due  security  being 

given,  of  which  the  Consvd  will  in  certain  cases  have  to 
judge.     The  practice  will  be  as  follows  : 

15G.  If  any  of  Her  Majesty's  ships,  or  any  of  the  crews  of  Snlvors  to 
such  ships,  render  salvage  service  to  a  merchant  ship  at  any  p^n  vvhTre" 
place  out  of  the  United  Kingdom  and  the  four  seas  adjoining  "'""'j^^ 

°  J  a  Consul. 

thereto,  then,  unless  the  parties  can  agree  between  themselves  s.  486. 
in  manner  mentioned  above  (see  paragraph  143),  the  salvor 
must,  instead  of  retaining  possession  until  the  claim  is 
settled,  take  the  ship  to  some  foreign  port,  where  there  is  a 
Consul,  or  to  some  British  port  where  there  is  a  Vice-Admi- 
ralty Judge.  In  so  doing  the  salvor  will,  so  far  as  his  primary 
duty  to  the  Queen's  service  permits,  be  guided  by  the  con- 
venience of  the  ship  saved. 


84  THE    DUTIES    OP    A    CONSUL    GENERALLY. 

Salvor  and         157.  Within  tweiity-four  hours  after  the  ship's  arrival  the 
turnish  c*on-  salvor  and  the  master  of  the  saved  ship  must  each  dehver  to 

sui  with        the  Consul  a  statement  verified  on  oath.     The  salvor's  state- 
statement. 
s.  4S6.  ment  mvist  contain  the  following  particulars  : 

(a).  The  place,  condition,  and  circumstances  in  which  the 
saved  ship,  cargo,  or  property,  was  at  the  time  Avhen  the  ser- 
vices were  rendered  for  which  salvage  is  claimed  : 

(b).  The  nature  and  duration  of  the  services  rendered: 

(c).  The  proportion  of  the  value  of  the  said  ship,  cargo, 
and  property,  and  of  the  freight  which  he  claims  for  salvage, 
or  the  values  at  which  he  estimates  the  said  ship,  freight, 
cargo,  and  property  respectively,  and  the  several  amounts 
that  he  claims  for  salvage  in  respect  of  the  same  : 

(cl).  Any  other  circumstances  he  thinks  relevant  to  the 
claim. 

The  master's  statement  must  contain  the  following  parti- 
culars, viz. : — 

(«).  The  place,  condition,  and  circumstances  in  which  tlie 
said  ship,  cargo,  or  property  was  at  the  time  when  the  ser- 
vices were  rendered  for  which  salvage  is  claimed  : 

(b).  The  nature  and  duration  of  the  services  rendered  : 

(c).  A  copy  of  the  certificate  of  registry  of  the  said  ship, 
and  of  the  indorsements  thereon,  stating  any  change  which 
(to  the  master's  knowledge  or  belief)  has  occurred  in  the 
particulars  contained  in  such  certificate ;  and  stating  also,  to 
the  best  of  his  knowledge  and  belief,  the  state  of  the  title  to 
the  ship  for  the  time  being,  and  of  the  incumbrances  and  cer- 
tificates of  mortgage  or  sale,  if  any,  affecting  the  same,  and 
the  names  and  places  of  business  of  the  owners  and  in- 
cumbrancers : 

{(l).  The  name  and  place  of  business  or  residence  of  the 
freighter,  if  any,  of  the  ship,  and  the  freight  to  be  paid  for 
the  voyage  she  is  then  on  : 

(e).  A  general  account  of  the  quantity  and  nature  of  the 
cargo  at  the  time  the  salvage  services  were  rendered  : 

(/).  The  name  and  place  of  business  or  residence  of  the 
owner  of  such  cargo,  and  the  consignee  thereof: 

(g).  The  values  at  which  the  master  estimates  the  ship, 
cargo,  and  property,  and  the  freight  respectively,  or,  if  he 
thinks  fit,  in  lieu  of  such  estimated  value  of  the  cargo,  a  copy 
of  the  ship's  manifest : 

(//).  The  amounts  which  the  master  thinks  should  be  paid 
as  salvage  for  the  services  rendered : 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  85 

(i).  Au  accurate  list  of  the  property  saved,  in  cases  where 
the  ship  is  not  saved : 

(k).  An  account  of  the  proceeds  of  the  sale  of  the  ship, 
cargo,  or  property,  in  cases  where  the  same  or  any  of  them 
are  sold  at  the  port : 

(/).  The  number,  capacities,  and  condition  of  the  crew  of 
the  ship  at  the  time  the  services  were  rendered : 

(m).  Any  other  circumstances  he  thinks  relevant  to  the 
matters  in  question : 

(n).  A  statement  of  his  willingness  to  execute  a  bond  in 
the  form  in  the  table  marked  W.  in  the  schedule  of  the  Act, 
in  svich  amount  as  the  Consul  may  fix. 

If  the  parties  are  unable  to  give  all  the  above  particulars, 
the  reason  for  omitting  any  of  them  should  be  stated. 

158.  Upon  receiving  these  statements  the  Consul  will  care- consul  to  fix 
fully  consider  them,  and  proceed  to  fix  what  he  considers  an  ^™°(j""'  °^ 
adequate  sum  to  compensate  the  salvors  for  the  services  ren-  s.  487. 
dered,  and  to  cover  any  additional  claim  for  costs.     In  doing 
this  he  will  remember  that  the  claim  will  have  to  be  decided 
by  the  Court,  and  that  in  the  case  of  a  British  ship  the  only 
security  required  is  a  bond  by  the  master.     In  that  case, 
therefore,  he  will  fix  a  sum  which  will  cover  the  claim  actually 
made  by  the  salvor,  with  an  additional  sum  of  150Z.  for  costs. 
In  the  case  of  a  foreign  ship,  where  sureties  are  required,  it 
is  important  that  the  amount  secured  is  not  excessive,  and 
the  Consul  will  therefore,  in   that  case,  have  to   exercise 
greater  discretion. 

If  he  requires  additional  information,  he  may  examine  the  • 
parties  or  witnesses  upon  oath  or  affirmation.  In  such  case 
the  evidence  is  to  be  taken  in  writing,  and  to  be  attached  to 
or  accompany  the  statements.  If  either  party  fails  to  make 
his  statement,  the  Consul  may  proceed  ex  parte,  but  he  should 
not,  except  in  a  pressing  case,  do  so  without  giving  notice  ; 
and  if  the  ship  or  property  saved  is  to  be  sold,  he  should 
allow  a  reasonable  time  for  the  purpose  of  giving  the  parti- 
culars of  the  sale :  he  has  no  power  in  any  case  to  require 
the  cargo  to  be  unladen.  In  fixing  the  amount  for  which 
security  is  to  be  given,  in  the  case  of  a  foreign  ship,  he  will 
approximate  as  nearly  as  he  can  to  what  he  considers  suffi- 
cient compensation  for  the  services  rendered ;  and  he  will  be 
guided,  so  far  as  he  has  the  means  and  knowledge,  by  the 
rules  which  ordinarily  guide  Admiralty  Courts  in  such  cases, 


86 


THE   DUTIES   OF   A   CONSUL   GENERALLY. 


S.  484. 
S.  487. 

Consul  to 
cause  bond 
to  be  pre- 
pared. 
S.  488. 
S.492. 


and  he  will  add  150?.  or  thereabouts,  to  cover  costs.  He  will 
also  remember,  on  the  one  hand,  that  the  bond  being  substi- 
tuted for  the  property  by  way  of  security  for  the  claim,  the 
amount  should  be  large  enough  to  cover  it ;  on  the  other 
hand,  he  wUl  bear  in  mind  that  no  claim  can  ever  be  made  in 
respect  of  any  loss  or  risk  to  the  Queen's  ship  or  her  stores, 
and  that  it  must  in  no  case  exceed  one  half  of  what  he  con- 
siders to  be  the  true  value  of  the  property  saved. 

159.  When  the  Consul  has  determined  the  amount,  he  will 
give  notice  to  the  parties,  and  will  cause  a  bond  to  be  pre- 
pared in  the  form  marked  W.  in  the  schedule  to  the  Act,  and 
will  see  that  it  is  properly  filled  xip  with,  the  particulars  as 
given  to  him,  and  with  the  sura  which  he  has  determined. 
If  the  parties  wish  that  the  case  should  be  adjudicated  on  in 
any  Vice-Admii*alty  Court  in  the  British  dominions,  the  name 
of  the  Court  and  the  place  for  which  it  acts  is  to  be  inserted 
in  the  bond.  If  not,  the  High  Court  of  Admiralty  in  Eng- 
land will  be  the  Court  to  adjudicate  upon  it.  This  bond 
must  be  executed  by  the  master  in  the  presence  of  the 
Consul,  and  must  be  attested  by  him.  The  Consul  will  then 
deliver  it  to  the  Salvor,  and  thereupon  the  lien  of  the  Salvor 
on  the  property  will  cease,  and  his  remedy  will  be  upon  the 
bond. 
Additional  160.  If,  howcvcr,  the  ship  or  property  saved  is  owned  by 
shipC'owned  persons  who  reside  in  any  foreign  country,  such  additional 


security  must  be  given  as  the  Consul  may  approve.     For 
this  purpose  it  will  be  his  duty  to  see  that  the  persons  giving 


b>  foreign- 
ers. 
S.489. 
Form  (C.  29)  ^,  .  ,  ,  i     ,  ,  ■,      • 

in  Appendix,  the  Security  are  solvent  persons,  and  that  the  security  is  one 
which  is  capable  of  being  enforced  in  a  British  court  of  jus- 
tice. This  security  may  be  in  the  form  (C.  28)  in  the  Appen- 
dix, or  to  a  like  effect.  This  bond,  when  executed  and  at- 
tested, must  be  given  to  the  Consul,  or,  if  the  Salvor  so 
desires,  must  be  placed  in  the  joint  possession  of  the  Consul, 
and  any  other  person  whom  the  Salvor  appoints  for  the  pur- 
pose, to  be  afterwards  dealt  with  as  the  Court  which  shall 
adjudicate  upon  it  may  direct. 

161.  The  Consul  will,  by  the  first  post,  transmit  the  origi- 
nal statements  and  documents  relating  to  the  matter,  toge- 

ft^Admu""'^'  ther  with  a  copy  of  the  bond,  certified  by  him  to  be  a  true 
copy,  to  the  Registrar  of  the  High  Court  of  Admiralty  in 
England;  or  if  it  is  to  be  adjudicated  upon  in  any  Vice- 
Admiralty  Court,  to  the  Judge  of  such  Court. 


Consul  to 

transmit 

statements, 


ralty. 

S.  490. 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  87 

Correspondence. 

1G2.  In  all  cases  wLere  the  Consul  is  by  these  instructions  Correspon- 
required  to  transmit  documents  or  reports   to  the  Board  of  Board  of' 
Trade,  he  will  observe  the  same  rules  which  are  laid  down  for '^'^*^'^- 
his  guidance  as  to  correspondence  with  the  Department  of 
Her  Majesty's  Secretary  of  State  for  Foreign  Affiiirs  in  the 
memorandum  forming  Enclosure  No.  2.5  of  the  general  in- 
stx'uctions,  with  the  following  exceptions  : 

Communications  from  the  Board  of  Trade  on  ordinary  mat- 
ters of  account  and  other  matters  of  routine,  if  requiring  no 
answer,  need  not  be  specially  acknowledged. 

Communications  to  the  Board  of  Trade  on  matters  to 
which  the  foregoing  instructions  relate,  and  also  communi- 
cations containing  intelligence  concerning  the  British  Mer- 
cantile Marine  which  are  intended  for  communication  to 
Lloyd's  Committee  or  other  interested  parties,  are  to  be 
addressed  to  the  Secretary  of  the  Board  of  Trade,  Marine 
Department.  They  are,  however,  to  be  sent  under  flying 
seal  to  the  Secretary  of  State  for  Foreign  Affairs,  to  whom 
the  Consul  will,  in  his  covering  despatch,  report  succinctly 
the  nature  and  subject  of  the  commiinication. 

The  correspondence  with  the  Board  of  Trade  is  to  be 
treated  as  forming  a  distinct  series,  and  is  to  be  numbered 
with  a  distinct  set  of  numbers  accordingly. 

Accounts. 
16,3.  The  Consid's  accounts  under  the  foregoing  instruc- Accounts, 

jii  •!  nil  11       how  to  l)e 

tions  are  to  be  kept  in  the  currency  or  the  place,  and  at  the  kept. 
end  of  each  quarter  all  the  payments  made  are  to  be  brought 
into  a  general  account  current,  in  the  form  in  the  Appendix 
marked  (C.  26),  and  converted  into  sterling,  as  shewn  on  the  Form  (C.  26) 

n  •      •  o  „i  ,  ,7  n    -,.      ami  (C.  29)  in 

lorm  ;  a  commission  of  2|  per  cent,  on  the  amount  of  dis- Appendix, 
bursements  is  to  be  added  as  a  remuneration  for  the  Consul's 
trouble,  but  no  other  commission.     See  paragraph  173,  and 
Appendix  (C.  29,  part  1). 

1G4.  The  Consul  is  to  makeup  and  transmit  his  accounts  To  be  trans- 
to  the  Board  of  Trade  quarterly,  to  the  end  of  March,  June,  t'^liy!''  '""""" 
September,  and  December  respectively.     The  first  account 
which  the  Consul  will  have  to  render  to  the  Board  of  Trade 
will  be  for  the  quarter  ending  30th  June,  18,55. 

It  is  most  important  that  the  quarterly  account  should  be 
transmitted  immediately  after  the  termination  of  the  quarter. 


88  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

To  facilitate  this,  the  Vice-Consul's  accounts,  which  are  re- 
quired to  be  incorporated  in  the  account  to  be  transmitted 
by  the  Consul,  may  be  made  up  to  the  15th  of  the  month  in 
which  the  quarter  ends  (or  if  necessary,  even  earlier),  so  that 
the  Consul's  account  may  not  be  delayed. 

Forms  tn  be       165.  A  strict  adherence  to  the  forms  of  the  accounts  refer- 
adhertd  to.  ,  .        ,  .       ,  .  .  .       ,  ,  ,  , 

red  to  in  these  instructions  is  required ;  and  no  departure 

can  be  allowed,  except  in  case  of  necessity,  and  then  the 
circumstances  are  to  be  fully  stated.  To  insure  this,  printed 
forms  will  be  supplied  where  the  expense  of  carriage  will 
permit,  and  in  these  cases  the  Consul  will  apply  to  the  Board 
of  Trade  in  time  when  his  stock  wants  renewing.  In  other 
cases  the  Consul  will  either  have  the  forms  printed  on  the 
spot,  or  use  written  forms,  as  he  finds  most  economical. 
Vouchers  to  166.  If  any  vouchers  should  be  unavoidably  taken  in  a 
hited^"^        foreign  language,  translations  thereof  are  to  be  sent  with  the 

original  documents. 
and  to  be  167.  The  vouchers  are  to  be  numbered  progressively,  and 

num  ere  .     corresponding  numbers  are  to   be   given   in  the  respective 

charges  in  the  account. 
steps  when        168.  If  it  sliould  be  impracticable,  under  particular  circum- 
cannot  be      stances,  to   obtain   the  vouchers  required  by  the  foregoing 
procured,      instructions,  a  declaration  is  to  be  made  to  that  effect ;  and 
after  specifying  as  fully  as  possible  the  nature  of  the  pay- 
ments, it  is  to  be  stated  in  the  declaration  that  they  were 
bond  fide  made  for  the  public  service,  without  any  profit  or 
advantage  to  the  Consul,  except  the  commission  hereinbefore 
mentioned. 
Vice-Con-  169.  When  disbursements  are  made  by  Vice-Consuls,  they 

burse'ments.  '"^^^   to  be   charged  in  the  Consul's  accounts  in  the  same 
manner  as  if  made  by  himself;   but  the  receipt  of  the  Vice- 
Consul  for  such  disbursements,  in  addition  to  the  vouchers 
for  the  payment,  must  accompany  the  account. 
Postage.  170.  The  Consul  may  charge  in  his   account   the   actual 

in^Appendix.  expense  for  postage  of  letters  on  account  of  business  specially 
connected  with  this   department,   upon   the    form    marked 
(C.  24)  in  the  Appendix. 
Bill  to  be  171.  The  Consul  is  to  draw  a  bill  upon  the  accountant  to 

ba^an"e*^°me  the  Board  of  Trade  on  the  last  day  of  the  quarter,  or  as  soon 
to  Consul,     after  as  he  can  close  his  account,  for  the  balance  in  sterling 
Form  (C.  28)  at  three  days'  sight,  see  Form  (C.  27)  in  Appendix,  trans- 
mitting to   that  office  a  letter  of  advice ;   and  it  is  most 
important  that  the  account  and  vouchers  should,  if  possible. 


THE  DUTIES  OP  A  CONSUL  GENERALLY.  89 

be  sent  at  the  same  time.  If  the  account  and  voiichers  are 
regular,  the  bill  will  be  paid,  and  the  amount  allowed  at  once ; 
but  if  they  are  not,  the  amount  will  be  charged  as  an  imprest 
against  the  Consul  until  sufficient  vouchers  or  a  satisfactory 
explanation  are  received. 

172.  If  the  sums  received  by  the  Consul  during  the  quarter,  Balance  due 
on  account  of  the  Board  of  Trade,  exceed  the  amount  of  his  to  be  remit- 
disbursements,  he  is  to  remit  the  balance  to  Her  Majesty's '^'^" 
Paymaster-General,  to  be  placed  to  the  credit  of  the  account 

for  the  relief  of  distressed  British  seamen;  the  advice  of  such 
remittance  to  be  sent  with  his  accounts  to  the  Board  of 
Trade.  If  no  expenses  have  been  incurred,  and  the  receipts 
have  been  wholly  for  wages  and  effects  of  deceased  seamen, 
the  remittance  is  to  be  made  to  Her  Majesty's  Paymaster- 
General,  to  be  placed  to  the  credit  of  the  account  of  "  Wages 
and  Effects  of  deceased  Seamen,"  and  an  account  with  the 
Forms  (C.  15),  is  to  be  transmitted  to  the  Board  of  Trade. 

Fees   and    Remuneration. 

173.  In  the  Appendix  will  be  found  a  copy  of  an  Order  in  Table  of  fees. 
Council,  dated  First  day  of  May,  1855,  including  a  Table  of  fn  Appendix, 
the  fees  and  commission  which,  by  virtue  of  the  Act  6  Geo.  4, 

c.  87,  and  of  the  Order  in  question,  the  Consul  is  entitled  to 
charge  for  the  various  operations  mentioned  in  the  Act,  and 
in  the  above  instructions,  as  well  as  for  other  matters.  See 
Table  (C.  29)  in  Appendix. 

No  other  fees  or  remuneration  are  to  be  received  by  the 
Consul,  except  as  above,  for  any  signature  or  other  matter 
done  by  him  in  pursuance  of  these  instructions. 

174.  In  order  to  prevent  any  misconception  with  reference  Consuls  not 
to  the  Consular  services  for  which  fees  are  payable,  it  is  to  tain'^offices 
be  observed  that  matters  mentioned  in  the  second  part  of  the  °"  ^.'"P" 

^  masters ; 

table  of  fees,  so  far  as  they  relate  to  shipping,  are  matters 
which  a  British  shipmaster  may  call  upon  a  Consul  to  per- 
form, and  have  for  their  object  the  protection  and  benefit  of 
the  British  shipping  interest,  but  are  not  to  be  looked  upon 
merely  as  indirect  means  for  increasing  the  Consul's  emolu- 
ments. It  is,  therefore,  for  the  master  of  the  ship  alone  to 
judge  whether  it  is  expedient  to  procure  from  the  Consul  any 
of  the  documents  mentioned  in  the  second  part  of  the  table, 
the  furnishing  of  which  will  authorise  the  Consul  to  levy  a 
specified  fee. 

175.  But   although  a  Consul   has   no   right  to  require  a  but  to  warn 

them  of  con- 


90  THE  DUTIES  OF  A  CONSUL  GENERALLY. 

sequences  of  sliipmfister  to  provide  himself  with  Consular  papers,  it  is 
neglect.        proper  that  a  Consul  should  make  shipmasters  aware  of  any 
inconvenient  consequences  Avhich  are  likely  to  result  to  them 
from  a  neglect  of  any  laws  of  this  country,  or  of  any  regula- 
tions of  foreign  States  bearing  upon  matters  in  which  such 
shipmasters  may  be  concerned.    It  must,  however,  of  course, 
rest  with  the  shipmaster  to  act  in  such  cases  as  he  may  think 
proper. 
Retmii  of         176.  At  the  expiration  of  each  year,  the  Consul  will  submit 
'^'^de''t''^      to  Her  Majesty's  principal  Secretary  of  State  for  Foreign 
Secretary  of  Affairs  a  Certified  statement  (according  to  the  form  appended 
hereto)  of  the  gross  amount  of  all  fees   and  remuneration 
received  at  his  Consulate  within  the  year  under  the  tables 
before-mentioned,  stating  the  amount  in  local  currency  as 
well  as  in  pounds  sterling,  calculated  at  tbe  average  rate  of 
exchange  for  the  year,  which  exchange  must  also  be  stated. 
Form  (c.  30)     These  accounts  must  be  given  in  the  form  marked  (C.  30) 
in  Appendix,  in  tjjg  Appendix. 

No  extra  177.  In  all  cases  in  which  any  duties  are  required  from 

madiV°ie-    British  Consuls  by  these  instructions  he  will  perform  those 

spect  of        duties  fully  and  completely,  without  making  any  charges 

dent  to  offi-  other  than  those  authorised  as  above  mentioned,  and  he  will 

be  careful  not  to  make  any  work  which  is  incident  to  those 

duties  a  groimd  for  making  additional  charges  as  a  merchant 

or  in  any  other  capacity. 


M 


ISCELLANEOUS. 


Passenger  178.  The  present  instructions  do  not  embrace  the  points 

'''^'  specially  provided  for  in  those  Acts  which  relate  to  the  car- 

riage of  passengers.    But  it  will  generally  happen  that  where 
passengers  have  reason  to  complain,  the  Consul  will  have 
the  means  of  interfering  in  some  one  or  other  of  the  ways 
pointed  out  above.     If  not,  he  will  act  according  to  the  best 
of  his  power  in  the  matter,  and  will,  if  necessary,  report  the 
case  to  the  Board  of  Trade.     In  dealing  with  the  cases  in 
which  passengers  are  concerned,  he  will  have  regard  to  the 
provisions  of  the  Acts  specially  relating  to  passengers,  and 
also  to  the  fourth  part  of  the  Merchant  Shipping  Act,  18,54. 
Detention  of      179.  In  cases  of  ships  being  detained  or  arrested  by  any 
reign  autho-  Foreign  authority,  the  Consul  will  employ  all  suitable  means 
rities.  for  obtaining  their  release  and  indemnity  if  the  case  requires 

it ;  and  in  the  meanwhile,  whatever  is  in  his  power  to  insure 
safety  and   order  on  board.      He   will  inform   the  British 


THE    DUTIES    OF    A    CONSUL    GENERALLY.  91 

Minister  in  the  country  and  Her  Majesty's  Secretary  of  State 
of  the  occurrence. 

1  SO.  The  law  does  not  permit  a  Master,  without  special  Power  of 
authority  from  the  Owner,  to  sell  his  ship,  except  in  cases  of  seii  a  ship, 
the  most  urgent  necessity.     In  such  cases,  the  Master,  to 
secure  himself,  should  procure  from  the  Consul  a  verification 
of  the  facts. 

181.  The  Consul  will  forward  to  the  Board  of  Trade  full  Notices  of 
notices   of  all  new  Lights,   Beacons,  or  Buoys,  and  of  all  other  mat- 
alterations  in  existing  Lights,  Beacons,  or  Buoys  ;  and  of  all  na^jtadon"^ 
Rocks,  Shoals,    and  other   impediments  to  Navigation  dis- 
covered in  or  near  the  limits  of  his  Consulate,  or  in  or  on  the 
neighbouring   Seas    or   Coasts,    or   other    matters    affecting 
Navigation.    In  so  doing,  tjie  greatest  accuracy  is  necessary. 

Where  Official  Notices  of  such  matters  are  published  in  a 
Foreign  language,  a  copy,  or  copies  of  the  original  should  be 
sent,  accompanied  by  an  exact  and  close  translation.  Parti- 
cular attention  should  be  paid  to  the  spelling  and  writing  of 
proper  names,  and  all  numbers  should  not  only  be  expressed 
in  figures,  but  also  written  in  words — e.g.  "  45°  {forty-Jive 
degrees)." 

182.  If  the  Consul   learns   that  any  Master  has  lost  or  Misconduct 

J  J  1  •        1  •  xi        T  c  ±^.  of  masters  to 

endangered  his  ship,  or  the  lives  oi  the  passengers  or  crew,  t,e  reported, 
by  incompetency  or  misconduct,  or  has  been  guilty  of 
fraudulent  practices  towards  his  Owners  or  Employers,  or 
towards  Insurers,  or  has  been  guilty  of  gross  tyranny 
towards  any  of  his  passengers  or  crew,  or  has  otherwise 
grossly  misconducted  himself,  or  shown  himself  incompetent 
to  command  a  ship,  and  it  is  not  possible  or  expedient  to 
settle  the  matter  on  the  spot  by  the  intervention  of  a  Naval 
Court,  or  otherwise  to  deal  with  it  under  special  directions 
contained  in  these  Instructions,  the  Consul  will  report  the 
case  to  the  Board  of  Trade,  giving  such  information  as  may 
facilitate  the  tracing  of  witnesses,  and  the  prosecution  of  an 
inquiry  on  the  return  of  the  Master  to  this  country. 

183.  The  Consul  will  do  his  utmost  to  ascertain  all  parti- Piracies  to 
culars  concerning  Piracies  committed  on  the  seas  near  his  ^  "^""^  ^ 
Consulate,  and  will  communicate  with  Masters  of  British 

Ships  so  as  to  enable  them  to  avoid  danger,  and  with  any  of 
Her  Majesty's  Cruisers  on  the  station,  so  as  to  enable  them 
to  seek  for  and  capture  the  pirates.  He  will  also  report  all 
such  cases  to  Her  Majesty's  Secretary  of  State. 

184.  In  all  cases  in  which  the  Consul  makes  any  report  Numbers  of 

ships  and 


92  THE    DUTIES    OF    A    CONSUL    GENERALLY. 

certificates  of  concerning  a  British  ship,  he  will  mention  the  name  of  the 

masters  and   „  „  -^       .  ,,  ,^.-i  ,  i-n 

mates  to  be    Port  of  Registry  and  the  official  number ;  and  in  all  cases  m 
stated.  iv'liich  he  makes  any  report  concerning  a  Master  or  Mate,  he 

will  state  the  number  of  his  certificate,  stating  whether  it  is 

a  Certificate  of  Competency  or  of  Service. 


APPENDIX   TO    CONSULS'    INSTRUCTIONS. 


C.  1. — See  paragraph  2. 

Former    Instructions  Repealed. 

Paragraph  17,  of  the  General  Instructions  to  Consuls. 

Paragraph  18,  „  ditto. 

Paragraph  21,  „  ditto. 

Paragraph  22,  „  ditto,  so  far  as  the  same  relates  to  seamen. 

Paragraph  34,  „  ditto,  so  far  as  relates  to  seamen. 

Inclosm'e  No.  1  B,  of  the  General  Instructions. 

Inclosure  No.  11,  of  the  Genei'al  Instructions. 

Inclosure  No.  12,  of  ditto. 

Inclosm-e  No.  13,  of  ditto,  being  the  Order  in  Council  of  16th  Jidy,  1827. 

Inclosure  No.  14,  of  the  General  Instructions. 

Inclosure  No.  15,  „  ditto. 

Inclosure  No.  16,  of  ditto. 

Part  of  Inclosure  No.  17,  of  ditto,  being  Section  82,  of  11  Geo.  4,  c.  20. 

Instructions  issued  by  Admiralty  concerning   distressed  British  seamen, 

dated  1852. 
Inclosure  No.  27,  of  the  General  Instructions. 
Circular  from  the  Foreign  Office,  dated  the  4th  September,  1851. 
Ditto,  dated  24th  June,  1852. 
Ditto,  dated  13th  September,  1852. 
Ditto,  dated  1st  March,  1853. 
Ditto,  dated  30th  September,  1853. 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


93 


C.  2. — See  paragraph  22. 
Provisional  Certificate  of  Registry  granted  by  British  Consular 
Officer  upon  a  Ship  becoming  the  property  of  persons  qualified  to 
be  Owners  of  British  Ships  at  any  Foreign  Port. 


T.T„ „»  ci,;„                   British  or 

Name  of  Ship.              Fove\<xn  Built 

When  Built.                    How  Propelled. 

Anna.              Foreign  Indlt,  at 
New  Yorh. 

Qth  December,    '       By  Steam,  Screw. 
1856.            i 

Number  of  Decks  . 

Number  of  Masts  . 
Rigging       . 
Stern 


One. 
Three. 
Schooner. 
Mound. 


Build 
Gallery     . 
Head 
Framework 


Measurements. 

Length  from  the  Forepart  of  Stem  under  the  Bowsprit 

to  the  Aftside  of  the  Head  of  the  Sternpost  . 
Main  Breadth  to  Outside  of  Plank 
Depth  in  Hold  from  Tonnage  Deck  to  Ceiling  at  Midships 


Clincher. 
None. 
Male  Bust. 
Iron. 


Feet. 

165 
26 
14 


Tenths. 

5 
9 
9 


Tonnage. 
Tonnage  under  Tonnage  Deck  . 
Closed  iu  Spaces  above  the  Tonnage  Deck,  if  any ;  viz, 

Space  or  Spaces  between  Decks 

Poop  ..... 

Roundhouse  .... 

Other  inclosed  Spaces,  if  any,  naming  them 

Total    . 


No.  of  Tons. 
530  9 

None. 

40  0 

None. 

None. 


570 


(")  Additional  Particulars  for  Steamers. 

Deduction  for  Space  required  for  Propelling  Power  (as 
measured)        ...... 


Length  of  Engine  Room  (if  measured)  . 
Engines  ..... 
Combined  Power  (estimated  Horse-power) 


Tons. 


92 


Feet. 
25 


Tenths. 
1 


Number  of  Engines. 
Two. 


No.  of  Horses-power. 
Seventy. 


Register  Tonnage,  (after  making  Deduction  for) 
Space  for  Propelling  Power  in  Steamers)  („)      j 


478 


94  THE    DUTIES    OF    A   CONSUL    GENERALLY. 

C.  2. — continued. 

I,  the  undersigned  A.B.,  H.  B.  M.  Consul  at  the  Port  of 
hereby  certify,  that, 

(1.)  The  Ship,  the  description  of  which  is  prefixed  to  this  my  Provisional 
Certificate,  has  been  duly  surveyed,  and  that  the  above  description  is  true. 
[If  the  Ship  has  not  been  surveyed  for  the  purpose,  the  Consul  must  insert  the 
description  as  fully  and  accurately  as  he  can,  stating  how  he  has  procured  it.] 

(2.)  That  John  Smith,  of  London,  is  the  Master  of  the  said  ship. 

(3.)  That  the  said  Ship  was  built  at  New  York,  on  the  (Uh  day  of  December, 
1856,  and  her  foreign  name  is  "Anna"  \thesc  words  to  be  added  if  the  Ship  is 
foreign']. 

(4.)  That  the  person  whose  name  is  hereunder  written  has  purchased  all  the 
shares  in  the  above  Ship. 

(Signed) 


Name  of  tlie  Owner. 


William  Thompson,  of 
Rotherhithe, 

Ship  Chandler. 


Number  of  Sixty-fourth  Shares 
held  by  each  Owner. 


Sixty  four. 


(L.S.)  (Signed) H.  B.  M.  Consul. 

Dated  at  New  York, 

the  First  day  oi  January,  1857. 

Note. — This  Provisional  Certificate  of  Registry  continues  in  force  only 
until  the  First  day  of  July,  1857,  or  until  she  completes  her  voyage  from  New 
York,  to  some  port  at  which  there  is  a  British  Registrar,  whichever  first 
happens. 


C.  3. — See  paragraph  27. 

Entry  of  Discharge  of  Mortgage    on    Certificate    of 
Mortgage. 

I  hereby  attest,  Tliat  the  mortgage  indorsed  on  this  Certificate, 

dated  the day  of ,  for  securing  to  \_name  of  mortgagee] 

the  sum  of  £  [or  otherwise,  as  the  case  may  be]  has  been  this  day 
produced  to  me,  and  that  there  is  indorsed  upon  it  a  receipt  for  the 
money  secured  by  the  said  mortgage,  signed  by  the  above-named 
[the  mortgagee,  or  some  duly  authorized  agent  of  the  mortgagee],  and 
attested  by  [name  and  address  of  witness],  and  dated  the 
day  of . 

(L.s.)  (Signed) ,  H.B.M.  Consul. 

Dated  at  this day  of 18 . 


THE    DUTIES    OF   A    CONSUL    GENERALLY. 


95 


Remarks,  including  a  short 
Notice    of    any    Official 
Duties   which   the  Con- 
sul may  have  been  called 
on   to   discharge,  in    re- 
spect of  the  Ship  or  Crew. 

Date  of 
Depart- 
ure. 

" 

t-t     . 

8  ^ 

a. 2 

-Si 

Cm 

Official 
Number. 

Port  of 
Registry. 

Name  of  Ship. 

96  THE   DUTIES   OF   A   CONSUL   GENERALLY. 

C.  7. — See  paragraph  43. 

Sanction   of  Engagement  of  Seamen. 

I  hereby  certify,  That  I  have  sanctioned  the  engagement  of  J.B., 
CD.,  etc.  [names  of  seamen  engaged']  upon  the  terms  mentioned  in  the 
within-written  agreement,  that  I  have  ascertained  and  am  satisfied 
that  the  said  A.B.,  CD.,  etc.,  fully  understand  the  said  agreement, 
and  that  they  have  signed  the  same  in  my  presence. 

(Signed) ^ H.  B.  M.  Consul. 

Dated  at  this day  of 18 ;. 


C.  8. — See  paragraph  44. 

Attestation  of  Alteration  of  Agreement. 

I  hereby  attest,  That  the  erasure,  interlineation,  or  alteration  \_as 
the  case  may  be']  to  the  effect  \_kere  specify  the  effect  of  the  alteration] 
contained  in  lines __and of  the  within-written  agree- 
ment has  this day   of been  consented  to  in 

my  presence  by  all  the   [or   if  the  alteration  affects  only  some  of  the 
parties,  name  them]  parties  to  the  said  agreement. 

(Signed) *__,  H.B.M.  Consul. 

Dated  at this day  of 18 . 


THE   DUTIES   OF   A   CONSUL   GENERALLY.  97 

C.  9. — See  paragraphs  53,  64. 

Certificate    to    be    indorsed    on    Agreement    in    case    of 
discharge. 

I  certify,  That  the  within-named  A.  B.  has  been  discharged  and  left 

behind  at  the  port  of ,  on  the  alleged  ground  of  \Jiere  state 

fully  and  specifically  the  grounds  of  his  being  so  discharged  and  left 
behind'] ;  and  that  I  have  inquired  into  the  matter,  and  find  that 
Inhere  state,  as  the  case  may  be,  either  that  the  allegation  is  true  and  the 
grounds  sufficient  or  not~\,  and  that  I  have  accordingly  granted 
[or  refused]  my  sanction  to  his  being  so  left ;  and  that  £  ,  being 

wages  due  to  him  up  to  the  day  of ,  have  been  duly  paid 

to  him  [or  me,  as  the  case  may  be~\    in  cash   [or  by   bill  on  Messrs. 

,  as  the  case  may  be]  ;  and  that  his  effects,  consisting 

of  [here  state  what  effects]  have  been  delivered  to  [him  or  me,  as  the 
case  may  be]  ;  and  that  provision  has  been  made  for  maintaining  him 

and  sending  him    back   to .      [Here  state  the    money 

advanced,  or  other  steps,  if  any,  taken  by  the  master  for  purpose.] 

(Signed) H.  B.  M.  Consul. 

Dated  at this day  of ___,  18 . 


C.  10. — See  paragraph  102. 

Certificate    to    be    indorsed    on    Agreement     in    Cases  of 
Desertion. 

I  hereby  certify.  That  the  within-named  A.B.,  CD.,  etc.,  have 
been  left  behind  at  this  port  on  the  alleged  ground  of  their  having 
deserted,  and  that  I  have  inquired  into  the  matter,  and  find  that 
[here  state,  as  the  case  may  be,  either  that  the  allegation  is  true  or  7wt], 
and  that  a  proper  entry  of  such  desertion  in  the  official  log  book  has 
been  produced  to  me. 

(Signed) H.  B.  M.  Consul 

Dated  at this dav  of ,  18 . 


98 


THE   DUTIES   OF   A   CONSUL   GENERALLY. 


C.  11. — See  paragraph  55. 

(E.)   Certificate  of  Discharge. 
For  Seamen  not  discharged  before  a  Shipping  Master. 


Name  and 
OfBcial  Num- 
ber of  Ship. 


Sanctioned 

BY    THE 

Board  of  Trade, 

In  pursuance  of  the 

Merchant  Shipping 

^c^  1854. 


Port  of 
Registry. 


Tonnage. 


Description  of  Voyage 
or  Employment. 


Name  of  Seaman. 

Place  of  Birth,           i          Date  of  Birth. 

Number  of  Fund 
Ticket  (if  any). 

Capacity. 

Date  of  Entry. 

Date  of 
Discharge. 

Place  of 
Discharge. 

I  certify,  That  the  above  particulars  are  correct,  and  that  the  above- 
named  Seaman  Avas  discharged  accordingly. 


Dated  this 
(Countersigned) 


day  of 


Seaman. 


(Signed) 


,1! 


Master. 


Given  to  the  above-named  seaman  in  my  presence,  this 
day  of ,  18        . 


H.  B.  M.  Consul. 


Note.— If  the  Seaman  discharged  was  possessed  of  a  Certificate  of  Compe- 
tency or  Service,  and  it  is  hekl  by  the  Master,  the  Consul  will  see  that  it  is 
returned  to  him.     (See  Instructions,  p.  55). 


THE  DUTIES  OF  A  CONSUL  GENERALLY. 


99 


C.  12. — See  paragraphs  59  and  Gl. 
Account  of  Wages  and  Effects  of  a  Seaman  left  behind  at  a  Foreign 
Port,  on  the  ground  of  Inability  to  proceed  on  the  voyage  from 
Sickness  or  other  causes. 


Name  and  Official 
Number  of  Ship. 


Port  of  Registry,  i  Name  of  Master. 


Description  of  Voyage. 


Nameof  Seaman,  with  No. 
of  his  Certificate  of  Compe- 
tency   or  of  Service,  and 
Fund  Ticket  (if  any). 

Date  of 
Engagement. 

Date  of 
Dischai-ge. 

Rate  of 
Wages. 

Port  where 
Discharged. 

■   Creditor. 

Amount. 

Debtor.              !      Amount. 

1 

Wages  afc  £        per 

Month    . 
Deduction . 

£     s.     d. 

Advance 
Allotment 

Total  Deductions 

£     s.     d. 

Balance  due 

List  of  Effects. 


I  declare  the  above  account  to  be  just  and  true. 
Dated  this  daA^  of 


(Signed) 


,  18 

Master. 


I  hereby  certify,  That  the  above  seaman  was  left  at  this  port  with 

my  sanction,  on  the  ground  of 

and  that  I  have  examined  the  above  account,  and  compared  it  with  the 
agreement  and  the  official  log  book,  and  found  it  to  be  correct,  and 
that  the  balance  of  wages,  say  £  ,  has  been  paid  to  me  by  the 

master  by 

and  the  effects  have  been  delivered  to  * 

(Signed) 

Dated  at  this 


H.  B. 


day  of_ 


M.  Consul, 
,  18 


Note. — This  account  is  to  be  delivered  by  the  master  to  the  Consul  in 
duplicate.  One  copy,  signed  by  the  Consul,  is  to  be  returned  to  the  master, 
who,  on  the  arrival  of  the  ship  at  its  port  of  destination  in  the  United  Kingdom, 
is  i-equired  to  deliver  the  same  to  the  Shipping  Master,  and  the  other  to  be 
retained  by  the  Consul,  to  be  transmitted  with  his  accounts  to  the  Board  of 
Trade,  if  any  expenses  have  been  incurred  on  the  seaman's  account. 


Here  stale 
cause. 

Here  state 
how  paid, 
whether  in 
slerlijig  cur- 
rency or  l>ii 
bill  on  the 
owners. 

*  Here  state 
whether  deli- 
vered to  the 
seaman  or 
the  Consul. 


100 


THE  DUTIES  OF  A  CONSUL  GENERALLY. 


•  C.  13. — See  paragraph  61. 
Account   of  Wages  received  and  Expenses  paid  by  Her  Majesty's 

Consul  at  the  Port  of ,  for  a  Seaman  who  has 

RECOVERED,  showing  the  Balance,  if  any,  which  has  been  paid  to 
him  on  his  leaving  the  Port  or  getting  Employment. 


No.  in 
Consul's 
Register 

Book. 


Name  of 
Seaman. 


Name  and 
Official  Number 
of  Ship  from  which 

landed,  and 
Port  of  Registry. 


Date  when 

taken  Charge  of 

by  Consul. 


Date  when 
discharged  out 
of  the  Care  of 

the  Consul. 


Receipts. 


Sterling. 


For  amount  of  wages*  received  {state  whether  in  Cash  or 
hy  Bill)  from  the  master  and  credited  in  account 
cui-rent  with  the  Board  of  Trade  for  the  Quarter 
ending ,  18 . 


Disbursements. 


For  amount  paid  for  subsistence,  and 
charged  in  account  current  with  the 
Board  of  Trade  in  the  Quarter  end- 
ing  ,  18     . 

Ditto  for  the  Quarter  ending , 

18       .     .      . 


Signature  of  Consul 


Currency. 


Balance  due  to  Seaman 


Received  this 

the  above  balance. 

Signature  of  Seaman 
Witness 


day  of 


18 


*  If  the  wages  have  not  been  received  by  the  Consul  in  cash,  but  by  a  bill 
upon  the  owners,  the  seaman  is  not  to  be  paid  the  balance,  but  is  to  be  referred 
to  the  Board  of  Trade  for  a  settlement. 

f  N.B. — The  payment  to  be  made  by  the  Consul  in  the  presence  of  a  witness, 
who  is  to  sign  his  name  here. 

This  accoimt  is  to  be  made  out  in  duplicate,  one  copy  to  be  delivered  to  the 
seaman,  and  the  other,  being  the  one  on  which  is  the  seaman's  receipt,  is  to 
be  transmitted  by  the  Consul  with  his  accounts  to  the  Board  of  Trade. 


THE  DUTIES  OF  A  CONSUL  GENERALLY. 

C.  14. — See  paragraphs  96  and  97. 


101 


Account  of  Receipts    aiid   Disbursements   for  a   Seaman  who  has 
died  while  imder  the  charge  of  Her  Majesty's  Consul  at  the  Port  of 
ill  the  Quarter  ending  ,  18 


Name  of 
Seaman. 


From 
what  Ship. 


Date  when  taken 

charge  of  by 

Consul. 


Date  of 
Death. 


Cause  of 
Death. 


No.  in 
Register 
Book  of 
Consul. 


Married  or 
Single. 


If  Married,  the 

Name  and 

Residence  of 

his  Wife. 


If  any  Children, 

their  Names 
and  Ages. 


Name  and  Residence       If  any  Will  has 
of  Father  and  been  made,  the 

Mother,  or  of  the      Name  and  Address 
nearest  Relation.    |         of  Executor. 


Receipts. 

Currency. 

Sterling. 

Amount  due  to  the  deceased  for  wages  received 

from  the  master  of  the  vessel,  as  credited  iu 

the   account   sent    to    the   Board   of    Trade, 

,18                         ... 

Money  found  iu  possession  of  tlie  deceased 

Proceeds  of  the  sale  of  clothes  and  effects,  as  per 

account  and  credited  in  the  account  current 

for  this  quarter               .... 

Total  receipt 

£ 

s. 

d. 

Disbursements. 

For  amount  chai-ged  to  the  Board  of  Trade  in 
the  Consul's  account  for  subsistence  for  the 
quarter                ..... 
Ditto                        ditto          for  the  quarter 
Clothing                            ditto                       „ 
Medical  attendance         ditto                      „ 
Travelling  expenses        ditto                     „ 

Total  payment 

Balance 
//.  B.  M.  Consxd. 

• 



N.B. — In  all  cases  of  the  death  of  a  seaman  while  in  charge  of  the 
Consul,  this  account  is  to  be  sent  to  the  Board  of  Trade,  whether  or 
not  any  balance  is  due  to  the  estate  of  the  deceased. 


102 


THE  DUTIES  OF  A  CONSUL  GENERALLY, 


C.  15.— See  paragraphs  91,  94,  95,  and  97. 

Port  of 


Account  of  Wages  and  Effects  of  a  deceased  Seaman,  to  be  delivered 
by  the  Master  of  the  Ship  to  Her  Majesty's  Consul  at  a  Foreign 
Port,  when,  the  destination  of  the  Ship  not  being  direct  for  the 
United  Kingdom,  the  probable  length  of  the  voyage  will  retard  the 
settlement. 


Name  of  Ship. 


Official 

Number  and  Port 

of  Registry. 


Name  of  Master. 


Description  of 

Voyai^e  or 
Employment. 


Name  of  Seaman. 


Date  of 
Engagement. 


Time  of 
Death. 


Place  of  Death. 


Cause  of  Death. 


Deducvions. 

Notice   to   Masters. — For 

Inventory, 

all    deductions    made. 

Wages,  Money, 

;  copied  from 
Official  Log 

Amount 

reasons  must  be  given 
to  tlie   satisfaction    of 

Remarks 

Clothes,  and 

Amount. 

Book,  of 
Articles 

for  each 

H.M.Consul;  and  when 
possible,    they    should 

and 
Initials  of 

other  Eflfects. 

sold,  and 
the  sum 

Article 

be  proved   by   receipts 
or  entries  in   the  Offi- 

Consul to 
the  several 

received   for 
each. 

sold. 

cial  Log  Book. 

Items. 

Particulars   of 

Deductions. 

Amount. 

Wages  at  £ 

£ 

s. 

d 

s. 

d. 

^ 

s. 

d. 

per (or  .     .     . 

! 

Money    in    pos- 

1 

session  of  de- 

ceased .     .     . 

Proceeds  of  Sale 

of  Clothesand 

Efiects,  as  per 

account     .    . 

Total   .     . 

— 

— 

Deductions,    as 

per  account    . 

Net  amount  paid 

liy  the  Master 

to     Her     Ma- 

j 

, 

jesty's  Consul 

i 

Total 

1 
i 

Total 

Inventory   copied  from  the  Official   Log  Book,   of  Articles  unsold 
delivered  to  Her  Majesty's  Consul. 


THE   DUTIES   OF   A   CONSUL   GENERALLY. 


103 


C.  15 — continued. 

Every  Mastei-  of  a  vessel  is  bound  to  take  charge  of  the  money  and  effects  of 
a  Seaman  or  Apprentice  dying  on  board  or  during  the  voyage,  and  as  soon  as 
convenient  to  cause  any  perishable  effects  which  he  has  on  board  to  be  sold  by 
auction  at  the  mast  or  other  public  auction ;  and  to  make  an  entry  at  the  time 
of  such  sale  in  the  official  log  book,  stating  the  date,  the  money  and  effects 
left  by  the  deceased,  the  articles  sold,  and  the  sum  received  for  each,  and  the 
wages  due  to  the  deceased,  with  the  amount  of  deductions  therefrom  ;  such 
entry  to  be  attested  by  a  mate  or  one  of  the  crew.  The  monies  so  received  and 
taken  charge  of,  together  with  any  effects  that  may  remain  unsold,  and  the 
balance  of  wages  due  to  the  deceased,  must  be  delivered  by  the  Master  to  the 
Consul,  as  stated  above.  Any  Master  who  makes  default  is  liable,  in  addition 
to  tlie  above  payments,  to  a  penalty  not  exceeding  three  times  the  amount 
unaccounted  for,  or  not  exceeding  50?. 

Every  Master  is  bound,  under  like  penalties,  to  deliver  an  account  of  such 
effects,  money,  and  wages ;  and  for  this  purpose  the  above-mentioned  parti- 
culars in  this  foi-m  must  be  all  fully  and  correctly  filled  up. 

The  particulars  in  the  following  columns  are  to  be  filled  up,  if,  and  so  far  as, 
the  Master  is  acquainted  with  them;  and  if  any  will  has  been  deposited  with  the 
Master,  it  must  be  given  to  the  Consul,  to  be  by  him  transmitted  with  this 
account  to  the  Board  of  Trade. 


Birth-place. 


If  any  will  has 

been  made, 

name  and 

address  of 

executor. 


Married 

or 
Single. 


If  married, 

thenameand 

residence  of 

his  wife. 


If  any  chil- 
dren, their 
names  and 
ages. 


Name  and 

residence  of 

father  and 

mother,  or  of 

the  nearest 

known 

relation. 


I  declare  the  above  account  to  be  just  and  true. 
Dated  tliis day  of 


18 


Signature  of  the 
Master  of  the  Vessel 


I  hereby  certify,  That  I  have  examined  the  above  Account,  and  com- 
pared the  rate  of  wages  and  period  of  service  with  the  agreement, 
and  have  also  compared  the  inventory  with  the  entry  in  the  official 
log  book,  which  is  attested  by  the  mate  or  one  of  the  crew,  and  that 
the  above  account  and  inventory  are  correct ;  and  further,  that  the 
balance  of  the  account,  amounting  to  £  ,   has  been  jjaid  (state 

ivhether  iji  Cash  or  by  Bill,)  and  the  unsold  articles  have  been  delivered 
to  me. 

If  the  Master  delivers  any  effects  to  the  Consul,  and  they  are  sold  at  the 
Port,  the  proceeds  are  to  be  added  on  this  form,  thus — 

Amount  received  from  Master,  as  above  (here  state 

•  ivhether  in  Cash  or  by  Bill)  .         .  .         .  .     £, 

*  Proceeds  of  sale  of  effects  by  Consul  as  per  account 


Total 


£ 


Signature  of 
Her  Majesty's  Consul 


*  The  account  of  Sales  is  to  be  attached  to  the  account  and  transmitted  to 
the  Boai'd  of  Trade. 


104  THE   DUTIES   OF   A    CONSUL   GENERALLY. 

C.  16. — See  paragraph  84. 
Order  of  Her  Majesty's  Consul  for  Conveyance  of  Distressed 
British  Seamen,  with  Declaration  and  Certificate  of  their 
Landing. 

To  Mr.  


Master  of  the  Ship 


Names  of  the  Seamen.         Pursuant  to  the  Act  17  &  18  Vict.  cap.  104,  sec.  212,  you 
are  hereby  required  to  receive  on  board  your  vessel,  and  con- 

vey  to  the  first  port  you  touch  at  in  the  United  Kingdom,  the 

British  Seamen  named  in  the  margin.  For  the  subsistence  of 
such  of  them  as  are  supernumeraries,  you  will  be  paid  at  the 
rate  of  one  shilling  per  man  per  diem,  on  your  satisfying  the 
Board  of  Trade  of  the  justice  of  your  claim. 

Given  under  my  hand  and  seal  of  office,  this 

day  of ,  18       ,  at  the  port  of       

(Signed) 


(L.S.) 


H.  B.  M.  Consul. 


Note.— r/tis  requisition,  with  a  declaration  in  the  form  below,  must  be  deli- 
vered to  the  Shipping  Master  at  the  port  of  destination  in  the  United  Kingdom. 
If  the  Consul  is  furnished  with  the  printed  forms,  he  will  use  them.  If  not,  the 
above  reqidsition  may  be  in  ivriting,  ivith  a  direction  to  the  master  to  apply  to  the 
Shipping  Master  on  his  return  to  the  United  Kingdom  for  additional  forms 
required. 

Declaration    to    be    made    by   the    Master    before  a  Magistrate 
IN   THE  United  Kingdom. 

I __Master  of  the _Merchant 

Ship,  do  solemnly  and  sincerely  declare,  that  on  the day 

'fall  the  sea- of ,  18 ,  I  received  on  board  the    said  ship  at 

nen  were  not  ^    Order  of  Her  Maiesty's  Consul,  the  above- 

ecetved,  here •/  .      . 

late  the        mentioned  distressed  seamen,  subjects  of  Great  Britain .__ 

•xception. 


rf  all  the  sea- and  landed  them  at 

)ten  were  not 

anded,here 

:S't.      on  the  day  of ,  18_,  having  maintained 

tliein days  each,  during  the  whole  of  which  time  I  had 

TfiheShjp    my  full  complement  of  men,  exclusive  of  the  aforesaid  seamen;  and 
ladnother    j  j^j^]-g  ^his  solemn  declaration  conscientiously  believing  the  same  to 

vent,  state      {jg  true. 
'low  many 
vtre  defi- 


lent.  Master  s  Signature. 

Declared  before  me  at . _ 

this day  of ,  185 • 

Magistrate's  Signature. 

Note.— This  form  is  to  be  delivered  by  the  master  of  the  vessel  to  the  Shipping 
Master  at  the  port,  who  will  require  p>r oof  that  the  men  have  been  landed.     If 


THE    DUTIES    OP   A    CONSUL    GENERALLY. 


105 


C.  16. — continued. 

the  Master  ivishes  the  money  to  be  paid  to  another  person  than  himself,  he  is  to  Jill 
up  and  si<jn  the  following  form. 

Pay  the  amount  due  for  the  conveyance  of  the  above-named  seamen 

to  '_ 

of 


Master's  Signature. 


le  sea- 
re  not 
here 


Certificate  of  Shipping  Master  that  the  Seamen  were  Landed. 
I  hereby  certify,  That  the  distressed  British  Seamen  within  men- 
tioned were  landed  at  this  Port  from  the  ship on 

the  day   of 18 ,    


umber 

retv  is 

m  071 

jinal 

ent, 

ow 

ire 


and  that,  exch^.sive  of  such  seamen,  the  full  complement  of  the  crew 
according  to  the  number  shipped  on  the  agreement  of  the  said  vessel 
when  she  left  the  United  Kingdom,  have  returned  in  her 


(Signed) 


Dated  at 


this 


day  of 


Shipping  Master, 
18 


N.B. — This  certificate  must  he  filled  in  and  signed  by  the  Shipping  Master,  and 
forwarded  zvith  the  documents  above  to  the  Registrar- General  of  Seamen. 


Certificate  of  the  Registrar-General  of  Seamen  of  the  Amount 
DUE  TO  the  Master. 


Number 
of  days 
sub- 
sisted. 


,  master  of 


Rate  Amount      ^  hereby  certify,  That  the  sum  of 

day.  is  due  to 

! the  ship ,  being  for  the  conveyance  of 

the  aboye-named  seamen  and  boys,  as  per  account  in 

the  margin. 


ct  for men  de- 

it  in  the  comple- 

:  of  crew days 

per  day. 

aount  due      .     . 


Dated  this 


dav  of 


18 


Order  for  payment   sent  to    the   shipping-master  at  the   port  of 
on  day  of      18 . 


Board  of  Trade, 

Whitehall 


106 


THE   DUTIES   OF   A   CONSUL   GENERALLY. 


C.  17. — See  paragraph  95. 
Document  to  be  sent  to  the  Shipping  Master  when  the  Effects  of  a 
deceased   Seaman    are  sent  by   Her    Majesty's    Consul   to  the 
United  Kingdom. 


Name  of  Ship 

to  which 

Seaman  belonged. 


Official  Number 

and  Port  of 

Registry. 


Name  of  Master. 


Description  of 

Voyage. 


Name  of  Seaman, 


Time 
of  Death. 


Place  of  Death. 


Cause 
of  Death. 


If  ho  died  when 
in  charge  of 

Consul, 

Number  of 

Consul's  Register. 


To  the  Shipping  Master  at  the  Port  of 

Sir, 
I  am  to  inform  you  that  I  have  shipped  on  board  the 


,  Master,  bound  to   your  port,  the  following 


re  enume-  packages,  sealed  with  the  Consular  seal, 

the  pack- 


s  and  can- 
ts as  far 
known. 


being  the  effects  of  the  above-named  deceased  seaman. 

I  am,  Sir, 

Your  obedient  servant, 

(Signed) ,  H.  B.  M.  Consul. 

Dated  at ,  this  day  of 


Received  the  above  effects. 
(Signed) 
Dated  at ,  this 


,  Shipping  Master. 


day  of 


Note. — The  Shipping  Master  is  to  enter  the  particulars  in  his  Book 
of  Receipts  for  Wages  and  Effects  of  deceased  Seamen,  and  sign  this 
form  and  forward  it  to  the  Registrar-General  of  Seamen,  who  will  send 
it  to  the  Board  of  Trade. 


THE    DUTIES    OF    A    CONSUL    GENERALLY. 


107 


C.  18.— See  paragraphs  67,  68,  &  89. 

Account   of  Expenses  incurred  by  Her  Majesty's  Consul  at   the 

Port   of for   the   Ship __,   for  which   the 

Owners   are  liable. 


No.  ill  Consul's 
Register. 


Name  of  Seaman. 


Name  and 

Official  Number 

of  Ship  and  Port 

of  Registry. 


Owner's  Name  and 
Address. 


Date. 

Particularsof  Expenses  incurred. 

Currency, 

Sterling. 

i 

£ 

s. 

d. 

I  hereby  certify.  That  the  above  expenses  were  incurred  and  have 
been  paid  by  me,  and  charged  in  my  accounts  with  the  Board  of  Trade, 
and  that  the  owners  are  liable  for  the  amount  under  the  Merchant 
Shipping  Act,  1854,  on  the  ground  that* 

Dated  at ,  this day  of  18 


*  Here  slate 
the  grnmid 
of  linbilitij 
of  the 
■  owners. 


H.B.M.  Consul. 


108 


THE  DUTIES  OF  A  CONSUL  GENERALLY. 


19. — See  paragraph  79. 

Register  Book  of  the  Names  and  Particulars  of  distressed 

Consul  at  the  Port 


Register 
No. 


Name  of      v_ 
Seaman.      <; 


Name    | 
and  No.i  From 

of  Ship,  [Owner's       wliat 
andPort|   Name.  I  cause  dis- 

of  Re-  I  I    tressed. 

gistry. 


Date 

when  first 

taken  in 

charge. 


Date  of  re- 
covery or 
discharge 
from  Con- 
sul's care. 


Total 
period 
under  Con- 
sul's charge. 


C.  20.— See  paragraphs  62,  71,  &  78. 


Port  of 


An  Account  of  Expenses  incurred  in  the  Subsistence  of  distressed 

in  the  Quarter  ending 18 ,  for  the  periods 

Act  17  &  18  Vict.  cap.  104,  sec.  211. 


No.  in 
Consul's 
Register 

Book. 


Name  of 
Seaman. 


Name  and 
Official 
Number 
of  Ship 

and  Port  of 
Registry. 


Owner's 
Name. 


From 
what 
cause  dis- 
tressed. 


Date  when 
first  taken 
charge  of. 

Period  during 

which  relief  was 

given  this 

Quarter. 

From 

To. 

No.of 
Days. 

N.B. — The  foregoing  Account  is  to  be   certified  by  two   or   more 


We,   whose    names   are  hereiuito   subscribed,   being   Merchants 

residing  at  the  Port  of ,  do  hereby  certify.  That  the  rate  of 

per  day  charged  for  the  subsistence  of  the  above  men,  is  not  more 

than  a  sufficiency  to  provide  the  necessaries  of  life  for  one  day  at 
this  time. 

J   Signatures  of  two 
merchants  residing 


Witness  our  hands 


this .day  of 


18 


at  the  above-men- 
tioned j)ort. 


THE  DUTIES  OF  A  CONSUL  GENERALLY. 


109 


British  Seamen  taken  charge  of  and  relieved  by  Her  Majesty's 
of 


Amount  paid  for  Relief.                          4;?,\°"'"^ 

of  Wages 

received 

iialance 
(if  any) 
paid  to 
Seaman 
on  re- 
covery 

Date  of 
Pay- 

Remarks. 
How  the 
Seaman 

Sub- 
sisience. 

Clothes. 

Medical 
Expenses. 

Travelling 
Expenses. 

]    from 
Total.     Master. 

«>«"*•      posedof, 
&c. 

a  s.  u. 

£  i.  d. 

■ 

British  Seamen  relieved  by  Her  Majesty's  Consul  at  the  above  Port 
under-mentioned,  at  the  rate  of per  day,  pursuant  to  the 


Rate  per 
Day  in 
Cur- 
rency. 


Amount  in 
Currency. 


Seaman's  signa- 
ture* or  mark,  in 

acknowledg- 
ment of  payment, 

or  of  having 
been  boarded. 


In  what 
manner  the 
Seaman  was 
disposed  of. 


Amount  in  sterling  of 

Wages  received  frora 

Master;  if  none  received, 

to  he  stated. 


In  Cash.        By  Bill. 


Remarks 

and 

reference  to 

vouchers. 


£ 

s. 

d. 

£ 

s. 

(/. 

Merchants  in  the  manner  following,  and  to  be  signed  by  the  Consul  as 
below. 


I  certify,  That  the  above  account  is  correct. 


H.B.M.  Consul. 


*  If  the  Sciimau  makes  a  mark  instead  of  signing  his  name,  such  mark  is  to 
be  made  in  the  presence  of  a  disinterested  person,  who  is  to  sign  as  a  witness. 


110 


THE   DUTIES   OF   A   CONSUL   GENERALLY. 


O 


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Signature*  or 
mark  of  Seaman  in 
acknowledgment 

of  Receipt  of 
Clothing, 

Amount 

paid  in 

Currency. 

• 

Name 

of 
Trades- 
man. 

Nature 

of 
Clothing 
supplied. 

Name  and  Official 

Number  of  Ship, 

and  Port  of 

Registry. 

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No.  in 
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THE   DUTIES   OF   A   CONSUL   GENERALLY. 


Ill 


Remarks. 

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o 

Circumstance 

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Name  and 

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of  Ship  and  Port 

of  Registry. 

Name  of  Seaman. 

■ 

No.  in 
Consul's 
Register 

Book. 

1 

112 


THE   DUTIES    OF    A    CONSUL    GENERALLY. 


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Remarks. 

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THE    DUTIES    OF    A    CONSUL    GENERALLY. 


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THE    DUTIES    OP    A    CONSUL    GENERALLY, 


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THE    DUTIES    OF    A    CONSUL    GENERALLY. 


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116  THE  DUTIES  OF  A  CONSUL  GENERALLY. 

C.  27. — See  paragraph  171. 

Form  of  Bill  on  Board  of  Trade. 

Relief  of  Distressed  British  Seamen. 


Dated  at 

1 

the 
,  equal  to 

day  of 

Currency. 

Exchange  at ,  per . 

Three  days  after  sight  of  this  my Bill  of  Exchange, 

( of  the  same  tenor  and  date  not  paid),  please 

to  pay  to  my  order,  on  the  back  hereof,  the  sum  of^ 

pounds ^shillings  and pence, 

accordmg  to  the  rate  of  exchange  above  stated,  being  for  the  Balance 

due  to  me  as  per  account  current  for  the  Quarter  ending , 

18 . 

Drawer's  signature.* 

To  the  Accountant  of 

The  Board  of  Trade, 
London. 

We  do  hereby  certify.  That  at  the  date  of  drawing  this  Bill,  the 
course  of  exchange  for  Bills  on  the  British  Government  at  three  days' 
sight  was  at  the  rate  of 

(  Signatures   of  two 
<  resident  Merchants 


at 


C.  28. — See  paragraph  160. 

Form    of  Security   for  Salvage   by   Persons  residing   in 
Foreign   Ports. 

Whereas  a  Salvage  Bond,  made  under  the  Merchant  Shipping  Act, 
1854,  has  been  executed  in  the  following  terms  \_here  copy  Salvage 
Bond'\  ;  and  whereas  the  owners  of  the  said  Ship  and  Cargo  reside  at 
,  out  of  her  Majesty's  dominions  ;  and  whereas  the 

*  The  Drawer,  besides  signing  his  name  at  the  foot  of  the  above  Bill,  must 
write  at  the  back  of  this  Bill  the  Christian  and  surname  of  the  payee  (that  is, 
the  person  with  whom  he  negotiates  it),  and  also  affix  his  o\yu  signature  to  the 
endorsement. 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  117 

said  ship  and  cargo  cannot  be  released  by  virtue  of  the  provisions  con- 
tained in  the  said  Act  without  additional  security,  approved  by  H.B.M.'s 

Consul  for  the  port  of ;  and  whereas  the  said  Consul 

has  approved  the  security  herein-after  given,  as  is  testified  by  his  en- 
dorsement hereon  :  we,  the  said  A.  B.  and  C.  D.  hereby,  for  ourselves, 
our  respective  executors,  administrators,  and  assigns,  agree  with 
the  said  ,  his  executors,  administrators,  and  assigns, 

that  in  consideration  of  the  said  Ship  and  Cargo  being  released  by 

the  said_ ,  we,  the  said ,  do  hereby  guarantee 

payment  of  the  sum  for  which  the  within- written  Bond  is  given 
in  manner  therein  mentioned  :  in  witness  whereof,  we  have  hereunto 

set  our  hands  and  seals,  this  day  of 

18 .  ' 

(l.s.)  (Signed) . 


of 


(l.s.)  (Signed) 


of 


Attestation  of  Consul. 
I  hereby  attest,  That  I  have  approved  the  above  security,  and  that 
it  has  been  executed  by  the  above-named  A.  B.   and    C.  D.   in  my 
presence,  this day  of ,  18 . 

(Signed)        

H.  B.  M.  Consul. 


C.  29. — See  paragraphs  151,  1G3,  173. 

At  the  Court  at  Buckingham  Palace,  the  1st  day  of 
May,  1855. 
Present : 
The  Queen's  most  Excellent  Majesty  in  Council. 
Whereas  by  the  fourth  section  of  the  Act  of  the  sixth  year  of  the 
Reign   of  King  George   the   Foiirth,   chapter   eighty-seven,   intituled 
"  An  Act  to   regulate   the   Payment  of   Salaries    and  Allowances  to 
"  British  Consuls  at  Foreign  Ports,  and  the  Disbursements  at  such 
"  Ports   for   certain   public   Purposes ;"    it   is   amongst  other  things 
enacted  "  That  it  shall  and  may  be  lawful  for  all  Consuls-General  and 
"  Consuls  appointed  by  His  Majesty  and  resident  within  the  dominions 
"  of  any  Sovereign  or  any  Foreign  State  or  Power  in  amity  with  His 
"  Majesty,  to  accept,  take,  and  receive,  the  several  fees  particularly 


118  THE   DUTIES   OF   A   CONSUL   GENEEALLY. 

"  mentioned  in  the  Tables  to  this  said  Act  annexed,  for  and  in  respect 
"  or  on  account  of  the  several  matters  and  things  and  official  acts  and 
"  deeds  particularly  mentioned  in  the  said  schedules,  and  that  it  shall 
"  and  may  be  lawful  for  His  Majesty,  by  any  order  or  orders  to  be  by 
"  him  made,  by  and  with  the  ad\ace  of  his  Privy  Council,  from  time  to 
"  time  as  occasion  may  require,  to  increase  or  diminish  or  wholly  to 
"  abolish  all  or  any  of  the  fees  aforesaid,  and  to  establish  and  authorize 
"  the  payment  of  any  greater  or  smaller  or  new  or  additional  fees  or 
"  fee,  for  or  in  respect  of  the  several  matters  and  things  mentioned  in 
"  the  said  Schedules  or  any  of  them,  or  for  or  in  respect  of  any  other 
"  matters  or  things  or  matter  or  thing  to  be  by  any  such  Consul- 
"  General  or  Consul  done  or  performed  in  the  execution  of  sixch  his 
"  office."  And  whereas  by  an  Order  in  Council,  made  on  the  14th  day 
of  April,  1851,  it  was  ordered  "  that  whenever  a  British  Consul-General, 
"  Consul,  or  Vice-Consul  should  be  called  upon  by  Masters  of  Merchant 
"  Ships  to  give  his  sanction  in  writing  as  to  shipment  or  discharge  of 
"  seamen,  or  his  certificate  as  to  the  desertion  of  seamen,  it  should  be 
"  lawful  for  such  Consul-General,  Consul,  or  Vice-Consul  to  demand, 
"  recover,  and  receive  from  all  Masters  or  other  Chief  Officers  or  Com- 
"  manders  of  any  ship  or  vessel  belonging  to  any  of  Her  Majesty's 
"  subjects  the  sum  of  two  shillings  for  each  seaman,  w-hose  shipment 
"  or  discharge  should  have  been  so  sanctioned,  or  whose  desertion 
"  should  have  been  so  certified,  and  that  it  should  not  be  lawful  for 
"  such  Consul-General,  Consul,  or  Vice-Consul,  to  levy  a  larger  fee  for 
"  this  service." 

And  whereas  it  is  expedient  to  abolish  the  fees  mentioned  in  the 
Tables  to  the  said  Act  annexed  and  in  the  said  Order  in  Council  of  the 
14th  day  of  AprU,  1851,  and  to  establish  and  authorize  the  payment  of 
other  fees  in  lieu  thereof.  Now,  therefore,  in  pursuance  of  the  said 
Act  and  in  execution  of  the  powers  in  Her  Majesty  in  Council  in  that 
behalf  vested  by  the  said  Act,  it  is  hereby  ordered  by  Her  Majesty,  by 
and  with  the  advice  of  Her  Privy  Council,  that  the  several  fees  men- 
tioned in  the  Tables  to  the  said  Act  annexed  and  in  the  said  Order  in 
Council  of  the  14th  day  of  April,  1851,  shall  be  abolished  ;  and  that  the 
several  fees  mentioned  in  the  Table  hereunto  annexed,  for  the  several 
matters  mentioned  therein,  shall  be  substituted  for  the  fees  so  abo- 
lished, and  shall  and  may  be  taken  accordingly,  subject  to  the  direc- 
tions and  restrictions  contained  in  the  notes  appended  to  the  said 
Table. 

And  the  Right  Honourable  the  Earl  of  Clarendon,  one  of  Her 
Majesty's  principal  Secretaries  of  State,  is  to  give  the  necessary  direc- 
tions herein  accordingly. 

JViTi.  L.  Bathurst. 


THE  DUTIES  OF  A  CONSUL  GENERALLY.  119 

TABLE  OF  FEES  REFERRED  TO  BY  THE  FOREGOING 
ORDER. 


C.  29 — continued. 

PART  I. 

Fees  to   be  taken   in   respect  of  Matters   in  which  the  Consul's 
Interposition   is   required   by  Law. 


Matter  in  respect  of  which  the  Fee  is  to  be  taken.  Fee. 

For  every  Declaration  made  before  the  Consul  in  Forms 
B.,  C,  F.,  G.,  H.,  and  L.,  in  the  Schedule  to  the  Merchant 
Shipping  Act,  1854,  with  a  view  to  the  registry,  transfer, 
and  transmission  of  Ships,  interests  in  Ships,  or  mortgages 
on  Ships       .         .         , 0     .5     0 

For  indorsing  a  memorandum  of  change  of  Master  upon  the 

Certificate  of  Registry     .         .         .         .         .     ,         .         .020 

For  granting  a  Provisional  Certificate  of  Registry.  (This  fee 
to  be  exclusive  of  fees  on  Declarations)      .         .         .         .     0  10     0 

For  recording  a  mortgage  of  a  Ship  or  shares  in  a  Ship  made 

under  a  Certificate  of  Mortgage 0  10     0 

For  recording  the  transfer  of  a  mortgage  of  a  Ship  or  shares 
in  a  Ship  made  under  a  Certificate  of  Mortgage  .         .070 

For  recording  the  discharge  of  a  mortgage  of  a  Ship  or 
shares  in  a  Ship  made  under  a  Certificate  of  Mortgage       .070 

For  every  sale  of  a  Ship  or  shares  in  a  Ship  made  before  the 

Consul  under  a  Certificate  of  Sale 0  10     0 

For  inspection  of  the  Register  Book  of  Transactions  in  Ships     0     1     0 

For  every  seaman  engaged  before  the  Consul         .         .         .020 

For  every  alteration  in  agreements  with  seamen  made  before 

the  Consul .         ,         .020 

For  every  seaman  discharged  or  left  behind  with  the  Consul's 
sanction       .         .         .         .         .         .         .         .         .         .020 

For  every  desertion  certified  by  the  Consul  .         .         .         .020 

For  attesting  a  seaman's  will 0     2     0 

For  examination  of  provisions  or  water,  to  be  paid  by  the 

party  who  proves  to  be  in  default 0  10     0 

For  every  Salvage  Bond  made  in  pursuance  of  17  and  18  Vict. 
c.  104,  sec.  488,  to  be  paid  by  the  master  or  owner  of  the 
property  salved 200 

On  disbursements  in  respect  of  distressed  seamen,  a  com- 
mission of  2J  per  cent. 


120  THE   DUTIES   OF   A   CONSUL   GENERALLY. 

C.  29 — cnntimied, 

PART    II. 

Fees  to  be  taken  in  respect  of  Matters  in  which  the  Consul's 
Interposition  is  to  be  given  only  when  required  by  the 
Parties  interested. 


Matter  in  respect  of  which  the  Fee  is  to  be  taken.  Fee. 

£     s. 

For  noting  a  protest,  with  certified  copy  if  required      .         .05 
For  order  of  survey,  with  certified  copy  if  required      .         .05 
For  extending  a  protest  or  survey,  with  certified  copy  if 

required       ..........     1     0 

And   if  it  exceeds    200   words,   for    every   additional    100 

words 02 

For  preparing  and  attesting  bottomry  or  arbitration  bond     .     1     0 
For  attesting  bottomry  or  arbitration  bond  not  prepared  by 

Consul 0     5 

For  attendance  out  of  consular   office  at  a  shipwreck,  or 
for  the  purpose  of  assisting  a  ship  in  distress,  or  of  saving 
wrecked  goods  or  property,  over  and  above  travelling  ex- 
penses per  diem  .         .         .         .         .         •         •         .11 

For  attending  valuation  of  goods,  if  under  200/.  in  value      .     0  10 
For  attending  valuation  of  goods,  if  200?.  and  upwards  in 
value,  for  every  day's  attendance  during  which  the  valua- 
tion continues     .........     1     1 

For  attending  sale  of  goods,  if  the  purchase  money  is  under 

200^. 11 

For  attending  sale  of  goods,  if  the  purchase  money  is  200?., 

or  upwards,  for  every  day  during  which  the  sale  continues     2     2 
Certificate  of  due  landing  of  goods  exported  from  the  United 

Kingdom     .  .  •  .09 

Bill  of  health 0  10 

Vis6  of  passport     .         .         .         .         .         .         .         .         .02 

Opening  of  Will  of  a  British  subject,  not  being  a  seaman      .     1     1 
Management  of  property  of  a  British  subject,  not  being  a 

seaman,  dying  intestate,  commission  of  2\  per  cent. 
Registration  of  documents  or  other  matters 
And  if  exceeding  100  words,  for  every  additional  100  words 
For  every  certified  copy  of  a  document  not  before  mentioned 
And  if  it  exceeds  100  words,  for  every  additional  100  words 
For  administering  an  oath  or  declaration,  including  attesta- 
tion of  signature  if  required 0     2 


0 

2 

0 

0 

0 

2 

0 

0 

THE    DUTIES    OF    A    CONSUL    GENERALLY. 
C.  29 — continued. 


121 


Matter  in  respect  of  which  the  Fee  is  to  be  taken. 

For  attesting  a  signature         ....... 

For  annexing  the  seal  of  office  and  signature  to  any  docu- 
ment not  mentioned  in  or  otherwise  provided  for  by  this 
Table 


0     2 


0 


0 


Note  1. — No  fee  is  to  be  taken  for  the  custody  of  or  indorsement  on 
ship's  articles  and  papers  deposited  with  the  Consul  in  pursuance  of 
the  Merchant  Shipping  Act,  1854,  Section  279. 

Note  2. — AVhere  any  fee  is  fixed  by  the  foregoing  Tables  for  any 
particular  act  or  transaction,  no  additional  fee  is  to  be  demanded  for 
signature,  attestation,  or  annexing  seal  of  office. 

Note  3. — The  above  fees,  if  not  paid  in  English  money,  are  to  be  cal- 
culated at  the  current  rate  of  exchange. 


C.  30. — See  paragraph  176. 
Statement   of  the    Gross    Amoimt    of  all   Fees    and 
received  at  the  British  Consulate  at 
Year  18 


Remuneration 
during  the 


according  to  the  Table  of  Fees  established  by  the 
Act  of  the  6th  Geo.  4,  cap.  87,  and  the  Order  in  Council  of  the 
day  of^ ,  1 8. 


Amount. 


Dollars  of 
4s.  6d. 

Currency. 

Pounds 
Sterling. 

Fees  received  under  first  part  of  Table  .  . 
Fees  received  under  second  part  of  Table 

$ 

£ 

Totals 

' 

I  hereby  certify.  That  the  above  is  a  true  and  correct  statement  of 
the  total  amount  of  all  Fees  received  at  this  Consulate  within   the 

year  18 ,  and  that  the  average  rate  of  exchange  during  the  year  has 

been  as  follows  :  viz. — 

January  the 18 . 


(Place.) 


{Signature  of  the  Consul.) 


122  THE    COfFSULAR    DUTIES 

CHAPTER   IV. 

THE    CONSULAR    DUTIES    IN    THE    LEVANT    AND    TURKEY. 

"  Let  everything  he  observed  in  conformity  to  these  Capitulations,  and  contrary 
thereto  let  nothing  he  done." 

WERE  it  the  object  of  this  work  to  recapitulate  the  history  of 
the  great  nations  now  slumbering  in  the  East,  borne  down  by 
the  stream  of  time,  and  passed  like  a  shadow  from  among  iis,  we  might 
fill  volumes  with  the  history  of  kings  and  people  who  have  traversed 
those  parts,  and  are  now  beneath  the  shade  whence  none  return.  From 
the  foundation  of  the  Roman  Empire,  through  her  triumphs  and  de- 
cline ;  through  the  glories  of  Greece,  and  the  capture  of  Constanti- 
nople, what  lessons  can  be  afforded  to  the  Consul.  This,  however, 
does  not  come  within  otir  present  aim. 

We  shall,  therefore,  begin  mth  the  reign  of  Sultan  Mehemed — with 
the  capitulations  and  articles  of  peace  between  Great  Britain  and  the 
Ottoman  Empire,  as  agreed  upon,  augmented,  and  altered  at  different 
periods,  and  finally  confirmed  by  the  Treaty  of  Peace,  concluded  at  the 
Dardanelles,  in  1809,  in  which  it  was  stipulated,  that  the  English 
nation  and  merchants  should  trade  and  go  into  the  Ottoman  dominions 
without  any  prejudice  or  molestation  being  given  to  their  persons, 
property,  or  effects,  by  any  person  whomsoever.  That  English  ships 
and  vessels,  entering  the  ports  and  harbours  of  the  Ottoman  States, 
shall  and  may  safely  abide  and  remain  therein ;  and  at  their  free  will 
and  pleasure  depart  therefrom,  without  any  opposition  or  hindrance 
from  any  one.  That  if  any  ship  be  wrecked,  all  Beys,  etc.,  shall  give 
all  help  and  assistance,  and  restore  whatever  goods  may  be  driven 
ashore.  The  Preamble  of  the  Treaty  then  goes  on  relating  the  privi- 
leges as  regard  Englishmen  absconding  for  debt,  or  becoming  bank- 
rupt. That  all  cases  of  calumniation  shall  be  referred  to  the  Ambas- 
sador. That  all  Englishmen  found  as  slaves,  shall  be  immediately 
delivered  to  the  Consuls.  That  the  English  Ambassador  might  establish 
Consuls  at  Aleppo,  Alexandria,  Tripoli,  Barbary,  Scio,  Smyrna.  All 
disputes  between  the  English  should  be  settled  by  the  Ambassador; 
all  capitulations  and  privileges  granted  to  other  princes  should  be 
extended  to  the  English. 

During  the  reign  of  James  II.,  an  Ambassador  was  also  sent  to 
the  Sublime  Port,  who  added  fresh  articles  to  the  above  treaty. 

Queen  Anne,  also,  about  the  year  1708,  sent  an  Ambassador  to 
the  Sultan,  for  the  furthering  of  other  and  more  extensive  privileges 
to  the  English.    Again,  in  the  reign  of  the  Georges,  Ambassadors  were 


IN    THE    LEVANT    AND    TURKEY.  123 

sent  for  the  same  object,  and  greatly  increased  the  immunities  the 
British  mercantile  community  enjoy  in  the  Turkish  dominions. 

In  the  reign  of  His  Majesty  George  III.,  an  important  treaty  was 
concluded  on  the  5th  January,  1809,  by  Robert  Adair,  Esq.,  which  be- 
came the  treaty  of  peace  and  friendship,  in  which  the  before-mentioned 
capitulations,  agreed  upon,  in  1G75,  were  again  put  in  force  ;  and  that 
like  reciprocity  should  be  given  to  Turkish  vessels  trading  to  the 
English  ports.  That  Consuls  may  be  appointed,  and  Ambassadors 
furnish  themselves  with  dragomen. 

In  the  reign  of  George  IV.,  an  Act  of  Parliament  was  passed  relat- 
ing to  the  Levant  Company,  a  part  of  which  has  been  since  repealed 
by  the  6  &  7  Vict.  c.  94. 

In  furtherance  of  the  above  Treaties,  firmans  were  issued  in  1799 
and  1835,  the  first  granting  to  English  Merchant  vessels  the  privileges 
of  commerce  in  the  Black  Sea,  and  the  other  relative  to  the  execvition 
in  Egypt  of  the  Treaties  of  commerce  between  the  Ottoman  Porte  and 
Great  Britain. 

On  the  13th  August,  1836,  an  Act  of  Parliament  was  passed  to 
enable  His  Majesty  to  make  regulations  for  the  better  defining  and 
establishing  the  powers  and  jurisdiction  of  His  Majesty's  Consuls  in 
the  Ottoman  Porte.  This  Act  has  been  since  repealed  by  the  6  and  7 
Vict.  cap.  34. 

On  the  16th  August,  1838,  a  further  Convention  was  signed  at 
Balta-Liman,  amending  and  altering  certain  stipulations  contained  in 
the  capitulations  before  mentioned,  and  confirming  those  not  so 
amended  for  now  and  for  ever ;  regulating  the  purchase  of  all  articles 
in  the  Turkish  dominions,  and  the  Tariff  of  duties,  and  for  the  issue  of 
firmans,  and  the  circumstances  rising  therefrom.  An  additional 
Article  was  also  added  to  this,  relating  to  the  above  stipulations  ;  and 
on  the  27tli  August,  1838,  an  explanatory  note  relative  to  the  second 
Article  was  delivered  to  Her  Majesty's  Ambassador. 

We  then  pass  to  the  Convention  between  Great  Britain,  Austria, 
Prussia,  and  Russia,  and  the  Ottoman  Porte,  which  has  so  often  been 
discussed  in  the  present  period,  but  which  does  not  form  part  of  the 
object  we  have  in  view,  and  to  that  of  1841,  respecting  the  passage  of 
the  Dardanelles  and  Bosphorus  by  ships  of  war. 

Passing  along  in  panoramic  view,  as  it  might  be,  we  come  to  the  Act 
of  Parliament  6  and  7  Vict.  cap.  94,  repealing  part  of  the  6  Geo.  IV. 
c.  33,  and  that  of  the  6  and  7  Wm.  IV.  c.  78  ;  to  the  Order  in  Council  of 
the  2nd  October,  1843,  providing  for  the  temporary  exercise  of  power 
and  jurisdiction  by  British  Functionaries  in  the  Ottoman  dominions  ; 
and  that  of  the  19th  June,  1844,  being  for  the  exercise  of  power  and 
jurisdiction  by  British  Functionaries  in  the  states  of  the  Sultan. 


124  THE    CONSULAR    DUTIES 

On  the  27th  April,  1847,  an  Order  in  Council  was  also  published, 
reciting  the  Act  of  6  and  7  Vict.  cap.  94  and  the  Order  in  Council  of 
19th  June,  1844,  treating  of  the  Consular  courts,  expulsion  from 
Turkey  of  persons  convicted  for  the  first  time,  for  the  security  of  good 
Oehaviour,  and  for  British  subjects  to  keep  the  peace. 

We  mvxst  now  briefly  refer  to  the  Levant  Company,  being  a  company 
of  merchants,  to  whom  King  James  the  First  granted  a  patent,  con- 
ferring certain  lands  and  privileges  upon  them.  It  having  been  found 
expedient  to  annul  this  patent,  the  Act  of  Parliament  G  George  IV. 
c.  33,  before  referred  to,  was  passed,  transferring  the  land  by  purchase 
to  the  Crown. 

We  have  annexed  all  the  Treaties  concluded  with  the  Ottoman  Porte, 
Acts  of  Parliament,  Orders  in  Council,  and  Foreign  Office  Instructions. 


PAPERS  RELATING   TO   CONSULAR  JURISDICTION   IN  THE 

LEVANT. 

1.  An  Act  to  Repeal  certain  Acts  relating  to  the  Governor 

and  Company  of  Merchants  trading  to  the  Levant,  6th 

Geo.  IV.  caj).  33 10th  June,  1825 

2.  Circular,  Foreign  Office 6th  Oct.,  1843 

3.  An  Act  to  Remove  Doubts  as  to  the  Exercise  of  Power 

and  Jurisdiction  of  Her  Majesty  within  divers  Coun- 
tries and  places  out  of  Her  Majesty's  Dominions,  and 
to  render  the  same  more  effectual,  6  and  7  Vict.,  cap.  94     24th  Aug.,  1843 

4.  Order  in  Council  respecting  the  Exercise  of  Jurisdic- 

tion by  Her  Majesty's  Consuls  in   Turkey  in  Civil 

Cases 2ud  Oct.,  1843 

5.  Cu-culars  of  Foreign  Office 2ud  July,  1844 

6.  Order  in  Council  conferring  on  Her  Majesty's  Consular 

Officers  in  the  Ottoman  Dominions  Jurisdiction  in 

Criminal  Cases 19th  June,  1844 

7.  Memorandum  for  the  Guidance  of  Her  Majesty's  Con- 

sular Servants  in  the  Levant  with  reference  to  the 

Exercise  of  Jurisdiction  under  the  Order  in  Council     2ud  July,  1844 

8.  Circular  of  Foreign  Office  and  Form  of  Returns    .         .     3rd  July,  1844 

9.  Capitulations  and  Articles  of  Peace,  as  agreed  upon, 

augmented  and  altered  at  different  periods,  and  finally 
confirmed  by  the  Treaty  of  Peace,  concluded  at  the 

Dardanelles  in  1809 1675—1809 

10.  Order  in  Council,  making  further  Provision  for  the 
Exercise  of  Power  and  Jurisdiction  by  British  Con- 
sular Courts  in  the  Ottoman  Dominions  .         .     24tli  April,  1847 


IN  THE  LEVANT  AND  TURKEY.  125 

G  Geo.  IV.,  cap.  33. 

An  Act  to  repeal  certain  Acts  relating  to  the  Governor  and 
Company  of  Merchants  of  England  trading  to  the  Le- 
vant Seas,  and  the  duties  payable  to  them  :  and  to 
authorise  the  transfer  and  disposal  of  the  possessions 
and  property  of  the  said  Governor  and  Company  for 
the  public  service. 

Whereas   His  late  Majesty  King  James  the   First,  by  his  Letters  Pa- 
letters  patent,  bearing  date  the  fourteenth  day  of  December,  d"c',  3  Jac 
in  the  third  year  of  his  reign,  did  grant  to  several  persons  ''/•"'J,°jP°" 
therein  named,  and  to  their  sons,  and  such  others  as  should  Levant  pro- 
hereafter  be  admitted  and  made  free,  and  they  should  be  one  cited.'  "^^ 
fellowship,  and  one  body  corporate  and  politic,  by  the  name 
of  "  The  Governor  and  Company  of  Merchants  of  England 
trading  to  the  Levant  Seas;"  and  by  the  same  name  should 
have  perpetual  succession,  with  certain  rights  and  privileges 
in  the  said  letters  patent  specified :  And  whereas  His  late  Confirmrti 
Majesty  King  Charles  the  Second,  by  his  letters  patent  bear- gn/X' d'l' 
ing  date  the  second  day  of  April,  in  the  thirteenth  year  of  his  '^  ^'^'^-  ^• 
reign,  did  ratify  and  confirm  the  said  letters  patent  of  King 
James  the  First,  and  did  grant  further  authorities  and  privi- 
leges to  the  said  Governor  and  Company:  And  whereas  by 
divers  Acts  certain  regulations  have  been  made  respecting 
the  said  Company,  and  the  Dues  and  Duties  payable  to  the 
said  Company,  that  is  to   say,  an  Act  made  in  the  twenty- 
sixth  year  of  the  reign  of  His  late  Majesty  King  George  the 
Second,  intituled,  "  An  Act  for  enlarging  and  regulating  the  26  Geo.  2,  c. 
Trade  into  the  Levant  Seas;"  an  Act  made  in  the  twentieth  g^js"^^"'^' 
year  of  the  reign  of  His  late  Majesty  King  George  the  Third, 
among  other  things,  for  the  allowing  the  Importation  into  and 
Exportation  from  Ireland  of  such  goods  as  may  be  imported 
into  or  exported  from  Great  Britain  by  the    merchants  of 
England  trading  to  the  Levant  Seas ;  an  Act  made  in  the  43  Geo.  3, 
forty-third  year  of  His  said  late  Majesty  King  George  the*''  ^^^' 
Third,    to  permit  the   Importation  into   Great  Britain   and 
Ireland  of  certain  goods,   wares,  and  merchandise,  in  neu- 
tral  vessels ;    an   Act  made    in    the   fifty-fifth  year  of  the  55  Geo.  3, 
reign  of  His  late  Majesty  King  George  the  Third,  intituled, 
"  An  Act  to  regidate  the  trade  between  Malta  and  its  De- 
pendencies and  His  Majesty's  Colonies  and  Plantations  in 
America,  and  also  between  Malta  and  the  United  Kingdom;" 
an  Act  made  in  the  fifty-seventh  yccir  of  the  reign  of  His  said 


126  THE   CONSULAR   DUTIES 

57  Geo.  3,     late  Majesty  King  George  the  Third,  intituled,  "  An  Act  to 
"•  *•  extend  the  privileges  of  the  trade  of  Malta  to  the  port  of 

Gibraltar ;  and  an  Act  made  in  the  fifty-ninth  year  of  the 
reign  of  His  said  late  Majesty  King  George  the  Third,  in- 
59  Geo.  3,     tituled,  "  An  Act  to  remove  doubts  respecting  the  dues  pay- 
''•'"*•  able  to  the  Levant  Company:"   And  whereas  it  would  be 

beneficial  to  the  trade  of  the  United  Kingdom,  and  especially 
to  the  trade  carried  on  in  the  Levant  Seas,  that  the  exclusive 
rights  and  privileges   of  the   said   Governor  and  Company 
under  the  said  Letters  Patent  and  Acts  of  Parliament  should 
cease  and  determine :  And  whereas  the  said  Governor  and 
Company  are  willing  and  desirous  to  surrender  up  the  said 
letters  patent  into   His  Majesty's  hands  :  May  it  therefore 
please  your  Majesty  that  it  may  be  enacted ;  and  be  it  en- 
acted by  the  King's  most  Excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  Lords  Spiritual  and  Temporal, 
and  Commons,  in  the  present  Parliament  assembled,  and  by 
As  soon  as    the  authority  of  the  same.  That  whenever  and  so  soon  as 
^an^siTail     any  deed  or  instrument  by  which  the  said  Governor  and 
by  deed        Companv  shall  so  render  up  to  His  Majesty  the  said  letters 

under  their  r      j  '■  .  ^i         i  a.   j 

Common       patent,  and  all  rights,  powers,  and  privileges  thereby  granted 

fe?ln  ChM-  or  confirmed  to   the    said    Governor    and   Company,  shall 

rlnder"the    be  made  and  executed  under  the  Common  Seal  of  the  said 

Letters  Pa-    Govemor  and  Company,  and  shall  be  enrolled  in  His  Ma- 

rights"there-jesty's   High  Court  of  Chancery,   the  said    several  letters 

^L^Inme^'   patent  and  grants  hereinbefore  recited,  and  every  matter, 

shall  hecome  ^jj^^gg   and  thins!  therein  contained,  shall  be  and  become,  and 
void,  ana  the  ^  '  ^  ii  i 

Corporation  i]^q  same  are  hereby  declared  to  be  and  become  null  and 
shall  cease;  ^^^^ .  ^^^  ^Yia.t  from  and  immediately  after  the  enrolment 
of  such  deed  or  instrument,  the  said  Governor  and  Company 
shall  cease  to  be  a  body  politic  and  corporate,  and  the  said 
corporation  shall  be  dissolved  to  all  intents,  constructions, 
and  purposes  whatsoever ;  and  all  rights,  powers,  and  pri- 
vileges by  the  said  letters  patent,  or  by  the  said  several 
hereinbefore   recited  Acts,   or  by   any   other   authority  or 
means  granted  to  or  possessed  by  the  said  Governor  and 
Company,  shall  from  henceforth  cease  and  determine ;  any- 
thino-  in  the  said  several  letters  patent  and  Acts,  or  any  of 
and  their      them,  to  the  contrary  in  anywise  notwithstanding ;  and  the 
Houses,  etc.,  g^id  Govemor  and  Company  shall  be  and  they  are  hereby 
vested  in  the  divested  of  and  from  all  land,  houses,  and  buildings,  by 
'^'"^'  whatever  tenure  holden,  at  any  time  heretofore  purchased, 

acquired  or  holden  by  the  said  Governor  and  Company,  and 


IN    THE    LEVANT    AND    TURKEY.  127 

which  arc  holden,  possessed,  or  claimed  by  the  said  Gover- 
nor and  Company,  within  the  United  Kingdom,  or  at  Smyrna 
or  elsewhere,  and  all  such  land,  houses,  buildings,  and  all 
right,  title,  estate,  or  interest  therein  or  thereto,  holden,  pur- 
chased, acquired,  possessed,  enjoyed,  or  claimed  by  the  said 
Governor  and  Company,  shall  thenceforth  be  and  the  same 
and  every  of  them  are  and  is  hereby  declared  and  enacted  to 
be  fully  and  absolutely  vested  in  His  Majesty,  His  heirs  and 
successors,  for  ever. 

II.  And  whereas  certain  grants  of  money  have  been  from  Funds  and 
time  to   time  made  to  the  said  Governor  and  company  of  corpo^jafjp^^ 
merchants  of  England  trading  to  the  Levant  Seas,  by  sundrv  I^^'^**'"  ""^ 

1  iTi  Treasury,  for 

Acts,  for  the  purpose  of  better  enabung  them  to  carry  mto  payment  of 
effect  the  obj ects  for  which  they  were  incorporated :  and  pany'sDebts 
whereas  it  is  just  and  expedient  that  all  such  property  as  ^"''^*''''^"'"' 
shall  belong  to  or  be  at  the  disposal  of  the  said  Governor  (tarried  to  the 
and  Company  under  or  by  virtue  of  the  said  Letters  Patent  Fund. 
and  Acts,  or  any  of  them  respectively,  at  the  time  of  such 
their  dissolution,  should,  after  the  payment  of  all  debts  and 
demands  to  which  the  said  Governor  and  Company  may  be 
liable  as  such  Corporation,  be  applied  to  the  public  service, 
in  the  manner  herein-after  directed  ;  be  it  therefore  enacted. 
That  from  and  immediately  after  the  enrolment  of  any  such 
deed  or  instrument  as  aforesaid,  whereby  the  said  Corpora- 
tion shall  be  dissolved  in  manner  directed  by  this  Act,  all 
moneys  in  the  pviblic  funds,  and  all  other  moneys,  goods, 
chattels,  property,  and  other  personal  estate  and  effects 
whatsoever,  in  the  possession  or  at  the  disposal  of  the  said 
Governor  and  Company  as  such  Corporation  as  aforesaid,  or 
to  which  the  said  Governor  and  Company  as  such  Corpora- 
tion are  or  shall  be  entitled,  or  which  shall  or  may  be  due  to 
the  said  Governor  and  Company  as  such  Corporation,  shall 
be  and  become  vested,  and  are  hereby  vested  in  the  Commis- 
sioners of  His  Majesty's  Treasury  of  the  United  Kingdom  of 
Great  Britain  and  Ireland  for  the  time  being ;  and  that  it 
shall  and  may  be  lawful  for  the  said  Commissioners  of  the 
Treasury  now  and  for  the  time  being,  or  any  three  of  the 
said  Commissioners,  to  accept,  receive,  and  recover,  and  to 
sell,  transfer,  and  dispose  of  all  such  funds,  moneys,  goods, 
chattels,  property,  and  other  personal  estate  and  effects  what- 
soever, and  to  apply  the  produce  thereof,  in  the  first  place,  in 
and  for  the  payment  of  all  just  debts  and  demands  to  which 
the  said  Governor  and  Company  are  or  .shall  be  liable  at  the 


128  THE    CONSULAR   DUTIES 

dissolution  of  such  Corporation,  on  account  of  any  matter  or 
thing  relating  to  such  Corporation  ;  and  from  and  after  pay- 
ment of  all  such  debts  and  demands,  it  shall  be  lawful  for 
the  said  Commissioners  of  the  Treasury  for  the  time  being, 
or  any  three  or  more  of  them,  and  they  are  hereby  authorised 
and  required  to  direct,  that  all  the  remainder  and  surplus  of 
the  produce  of  such  public  ftmds,  moneys,  goods,  chattels, 
property,  and  other  personal  estate  as  aforesaid  shall  be  paid 
into  the  receipt  of  His  Majesty's  Exchequer  at  Westminster, 
and  shall  be  placed  to  the  account  of  and  made  part  of  the 
consolidated  fund  of  the  United  Kingdom  of  Great  Britain 
and  Ireland. 
26  Geo.  2.  c.  HI.  And  be  it  further  enacted.  That  from  and  immediately 
Geo^'s'^c^  after  the  enrolment  in  His  Majesty's  High  Court  of  Chancery 
110,  repealed  of  such  deed  or  instrument  as  aforesaid,  the  said  recited  Act 

and  the 

Duties  pay-  of  the  twenty-sixth  year  of  the  reign  of  His  late  Majesty 
Company^     King  George  II.;  and  also  the  said  recited  Act  of  the  fifty- 
exce  ^"^as^'o  ^^^^^  year  of  the  reign  of  His  late  Majesty  King  George  III., 
Arrears  re-    and  all  powers  for  the  levying  of  any  duties  or  dues  hereto- 
'  fore  payable  to  the  said  Governor  and  Company,  shall  be  and 
the  same  are  hereby  repealed  ;  and  all  such  duties  and  dues, 
and  all  povj^ers  for  levying  the  same,  shall  cease  and  deter- 
mine,  except   only-  so  far  as   relates   to    the   payment  and 
recovery  of  any  arrears  of  duties  and  dues,  which  shall  be 
payable  to  the  said  Company  at  the  time  of  the  enrolment  of 
All  Clauses   such  deed  or  instrument ;  and  also  that  from  and  after  such 
recited  Acts  enrolment  of  such  deed  or  instrument,  all  and  every  clause, 
the'sala  '°     matter,  and  thing  contained  in  the  said  several  hereinbefore 
Company      recited  Acts  made  in  the  twentieth,  forty-third,  fifty-fifth,  and 
ntty-seventh  years  of  the  reign  of  His  said  late  Majesty  King 
George  III.,  in  any  way  extending  or  relating  to  the  said 
Governor  and  Company,  shall  be  and  the  same  are  from 
thenceforth  hereby  repealed;   anything  in  the  said  recited 
Acts  or  any  of  them,  or  any  other  law,  usage,  or  custom  to 
the  contrary  in  anywise  notwithstanding. 

IV.  Repealed  by  6th  and  7th  Victoria,  cap.  94. 
Treasury  V.  And  be  it  further  enacted,  That  it  shall  and  may  be 

Anowan"ces  lawful  for  the  Commissioners  of  His  Majesty's  Treasury,  or 
to  Office'rs  of''^'^y  ^^'"^^  °^  "^^'"^  o^  them,  and  they  are  hereby  empowered 
theConipany  and  authorised  to  grant  reasonable  allowances  and  pensions 

etc.,  losing  T        p     T 

tiieir  oflices  to  such  of  the  Officers  and  Servants  in  England  of  the  said 

Act."    "^    Company,  and  to  such  other  person  or  persons  as,  by  reason 

of  the  dissolution  of  the  said  Company,  may  lose  and  be 


IN    THE    LEVANT    AND    TURKEY.  129 

deprived  of  their  offices,  employments,  and  pensions,  and  to 
charge  the  same  upon  the  Consolidated  Fvmd  of  the  United 
Kingdom ;  and  all  such  allowances  and  pensions  to  be  so 
granted,  shall  be  payable  and  paid  quarterly  at  the  Receipt 
of  the  Exchequer  at  Westminster,  out  of  the  said  Consoli- 
dated Fund,  free  and  clear  of  and  from  all  taxes,  charges, 
and  deductions  whatsoever ;  and  the  said  Commissioners  of 
His  Majesty's  Treasury  shall  yearly  and  every  year  before 
the  twenty-fifth  day  of  March  in  each  year,  if  Parliament  be 
sitting,  and  in  case  Parliament  shall  not  be  sitting,  then 
within  twenty  days  after  the  meeting  of  Parliament  then 
next  following  such  twenty-fifth  day  of  March,  cause  an 
account  and  estimate  to  be  laid  before  Parliament  of  the 
total  amount  of  such  allowances  and  pensions  payable  to 
such  Officers  and  Servants  in  England  of  the  said  Company, 
and  to  such  other  persons  as  are  herein-before  mentioned, 
for  one  year  ending  on  the  fifth  day  of  January  preceding 
every  such  twenty-fifth  day  of  Mai'ch  respectively. 


LEVANT    JURISDICTION. 


Foreign   Office, 

6th  October,  1843. 
Sir, — I  transmit  to  you  herewith  an  Act  of  the  last  Ses- 
sion of  Parliament,  intitviled,  "  An  Act  to  remove  doubts 
as  to  the  Exercise  of  Power  and  Jurisdiction  by  Her 
Majesty,  within  divers  countries  and  places  out  of  Her 
Majesty's  dominions,  and  to  render  the  same  more  effec- 
tual ;"  and  a  copy  of  an  Order,  which,  in  pursuance  of  the 
powers  vested  in  her  Majesty  by  that  Act,  and  with  the 
advice  of  Her  Privy  Council,  Her  Majesty  has  been  pleased 
to  issue,  directing  that  until  further  orders.  Her  Majesty's 
Ambassadors,  Ministers,  Charges  d'Affaires,  Consuls-Gene- 
ral, Consuls,  and  Vice-Consuls,  resident  within  the  dominions 
of  the  Sublime  Ottoman  Porte,  and  being  subjects  of  Her 
Majesty,  shall  continue  to  exercise  all  such  power  and  juris- 
diction within  the  said  dominions  as  have  heretofore  been 
customarily  exercised  by  them ;  and  shall  continue  to  ob- 
serve all  such  laws,  usages,  forms  of  procedure,  and  methods 


130  THE    CONSULAR    DUTIES 

of  enforcing  obedience,  as  have  heretofore  been  customarily 
observed  therein. 

The  effect  of  this  Order  is  to  relieve  you  from  the  serious 
responsibility  under  which  you  have  hitherto  acted,  with 
regard  to  matters  of  jurisdiction,  by  giving  to  your  pro- 
ceedings, in  such  matters,  the  sanction  and  authority  of  law, 
which,  in  many  instances,  have  heretofore  been  wanting  to 
them.  But  you  will  clearly  understand  that  this  Order 
goes  no  further.  You  must  not  exceed  the  limits  which 
prudence  or  convenience  have  hitherto  prescribed  to  you, 
until  such  time  as  Her  Majesty  shall  be  pleased,  by  a 
further  Order,  to  give  you  the  additional  authority  which 
circumstances  may  appear  to  require  to  be  vested  in  you. 
The  present  measure  is  designed  solely  for  your  protection 
against  the  consequences  of  acting  without  lawful  authority; 
the  subsequent  measures  will  require  to  be  seriously  con- 
sidered before  they  are  promulgated ;  but  they  will,  in  due 
time,  be  communicated  to  you.     I  am,  etc. 

(Signed)  Aberdeen. 


Inclosure   1,   IN   No.  I. 
Act  of  6  and  7  Victoria,  cap.  94. 

An  Act  to  remove  doubts  as  to  the  exercise  of  Power  and 
Jurisdiction  by  Her  Majesty  with  divers  Countries  and 
Places  out  of  Her  Majesty's  Dominions,  and  to  render 
the  same  more  effectual.  [24th  August,  1843.] 

The  power  Whereas  by  treaty,  capitulation,  gTant,  usage,  sufferance, 
Her'najesfy  and  Other  lawful  means,  Her  Majesty  hath  power  and  jixris- 
out^of  h"i^^  diction  within  divers  countries  and  places  out  of  Her  Majesty's 
dominions     dominions  :  and   whereas   doubts  have   arisen  how  far  the 

shall  be  held  .  n         i  i  •       •     t 

on  the  same  exercise  01  such  power  and  jurisdiction  is  controlled  by  and 
Majesty's  ^^  dependent  on  the  laws  and  customs  of  this  realm,  and  it  is 
authority  in  expedient  that  such  doubts  should  be  removed  :  Be  it  there- 

tne  Crown  ■*■ 

colonies.        fore  enacted    by  the  Queen's  Most  Excellent    Majesty,  by 

and  with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal,  and  Commons,  in  this  present  Parliament  assem- 
bled, and  by  the  authority  of  the  same.  That  it  is  and  shall 
be  lawful  for  Her  Majesty  to  hold,  exercise,  and  enjoy  any 
power  or  jurisdiction  which  Her  Majesty  now  hath  or  may  at 
any  time  hereafter  have  within  any  country  or  place  out  of 
Her  Majesty's  dominions,  in  the  same  and  as  ample  a  manner 


IN    THE    LEVANT    AND    TURKEY.  131 

as  if  Her  Majesty  had  acquired  such  power  or  jurisdiction  by 
the  cession  or  conquest  of  territory. 

II.  And  be  it  enacted,  That  every  act,  matter,  and  thing  Acts  done  in 
which  may  at  any  time  be  done,  in  pursuance  of  any  such  suci"po"er 
power  or  iurisdiction  of  Her  Maiesty,  in  any  country  or '" ''^  "t**^? 

'^  '>  0        J  T  J  J  same  eflFect 

place  out  of  Her  Majesty's  dominions,  shall,  in  all  Courts,  as  if  done 
ecclesiastical  and  temporal  and  elsewhere  within  Her  Ma- laws, 
jesty's  dominions,  be  and  be  deemed  and  adjudged  to  be,  in 
all  cases  and  to  all  intents  and  purposes  whatsoever,  as  valid 
and  effectual  as  though  the  same  had  been  done  according  to 
the  local  law  then  in  force  within  such  country  or  place. 

III.  And  be  it  enacted,  That  if  in  any  suit  or  other  pro- courts  au- 
ceedings,  whether  civU  or  criminal,  in  any  court  ecclesiastical  p'Jocur'efevi 
or  temporal  within  Her  Majesty's  dominions,  any  issue  or''^"<^^°f 

.  •         •!  such  power 

question  of  law  or  of  fact  shall  arise  for  the  due  determina-  by  applica- 
tion whereof  it  shall,  in  the  opinion  of  the  judge  or  judges  tary  of  State. 
of  such  court,  be  necessary  to  produce  evidence  of  the 
existence  of  any  such  power  or  jurisdiction  as  aforesaid,  or 
of  the  extent  thereof,  it  shall  be  lawful  for  the  judge  or 
judges  of  any  such  court,  and  he  or  they  are  hereby  autho- 
rised, to  transmit,  under  his  and  their  hand  and  seal  or  hands 
and  seals,  to  one  of  Her  Majesty's  Principal  Secretaries  of 
State,  questions  by  him  or  them  properly  framed  respecting 
such  of  the  matters  aforesaid,  as  it  may  be  necessary  to 
ascertain  in  order  to  the  due  determination  of  any  such  issue 
or  question  as  aforesaid ;  and  such  Secretary  of  State  is 
hereby  empowered  and  required,  within  a  reasonable  time  in 
that  behalf,  to  cause  proper  and  siifficient  answers  to  be 
returned  to  all  such  questions,  and  to  be  directed  to  the  said 
judge  or  judges,  or  their  successors  ;  and  such  answers  shall, 
upon  production  thereof,  be  final  and  conclusive  evidence,  in 
such  suit  or  other  proceedings,  of  the  several  matters  therein 
contained  and  required  to  be  ascertained  thereby. 

IV.  And  whereas  it  may  in  certain  cases  be  expedient  that  Power  to 
crimes  and  offences  committed  within  such  countries  or  places  charged'wUh 
as  aforesaid  should  be  inquired  of,  tried,  determined,   and  "."Y'^^  ^""^ 
punished  within  Her   Majesty's  dominions  ;  Be  it  enacted,  British 
that  it  shall  and  may  be  lawful  for  any  person  having  autho- 
rity derived  from  Her  Majesty  in  that  behalf,  by  warrant 

under  his  hand  and  seal,  to  cause  any  person  charged  with 
the  commission  of  any  crime  or  offence,  the  cognizance 
whereof  may  at  any  time  appertain  to  any  judge,  magistrate, 
or  other  officer  of  Her  Majesty  Avithin  any  such  country  or 


132  THE    CONSULAR    DUTIES 

place  as  aforesaid,  to  be  sent  for  trial  to  any  British  colony 
wMcli  Her  Majesty  may,  by  any  order  or  orders  in  Council, 
from  time  to  time,  appoint  in  that  behalf;  and  upon  the 
arrival  of  such  person  within  such  colony,  it  shall  and  may 
be  lawful  for  the  Supreme  Court  exercising  criminal  juris- 
diction withm  the  same  to  cause  such  person  to  be  kept  in 
safe  and  proper  custody,  and,  so  soon  as  conveniently  may 
be,  to  inquire  of,  try  and  determine  such  crime  or  offence, 
and  upon  conviction  of  the  person  so  charged  as  aforesaid, 
to  correct  and  punish  him  according  to  the  laws  in  force  in 
that  behalf  within  such  colony,  in  the  same  manner  as  if  the 
said  crime  or  offence  had  been  committed  within  the  juris- 
Before  any  diction  of  siich  Supreme  Court :  Provided  always,  that  before 
shall  be'^sent  any  such  person  shall  be  sent  for  trial  to  any  such  colony  as 
to  any  colony  aforesaid,  it  shall  be  lawful  for  him  to  tender  for  examination 

for  tri:u,  he  ' 

may  tender   to  the  iudge,  magistrate,  or  other  officer  of  Her  Majesty  to 

any  material  ,.  „,  .  ™  •ii-ii 

evidence  whom  the  cognizance  of  the  crime  or  oitence  with  which  he 
would  be  un- is  charged  may  appertain,  within  the  country  or  place  where 
able  to  pro-    ^]jg  same  may  be  alleged  to  have  been  committed,  any  com- 

Quce  on  trial,  j  o  ■  '        ./ 

and  which     petent  witness  or  witnesses,  the  evidence  of  whom  he  may 
taken  down  deem  material  for  his  defence,  and  whom  he  may  allege  him- 
mitted!"^      self  to  be  unable  to  produce  at  his  trial  in  the  said  colony  ; 
and  the  said  judge,  magistrate,  or  other  officer  shall  there- 
upon proceed  in  the  examination  and  cross-examination  of 
such  witness  or  witnesses  in  the  same  manner  as  though  the 
same  had  been  tendered  at  a  trial  before  such  judge,  magis- 
trate, or  other  officer,  and  shaU  cause  the  evidence  so  taken 
to  be  reduced  into  writing,  and  shall  transmit  a  copy  of  such 
evidence  to  the  Supreme  Court  before  which  the  trial  of  such 
person  is  to  take  place,  together  with  a  certificate  under  his 
hand  and  seal  of  the  correctness  of  such  copy ;  and  there- 
upon it  shall  be  lawful  for  the  said  Supreme  Court,  and  it  is 
hereby  required,  to  allow  so  much  of  the  evidence  so  taken 
as  aforesaid  as  would  have  been  admissible  according  to  the 
law  and  practice  of  the  said  Supreme  Coui't,  had  the  said 
witness  or  witnesses  been  produced  and  examined  at  the  trial 
before  the   said  court,  to   be   read  and  received  as   legal 
In  case  the    evidence  at  such  trial :  Provided  also,  that  if  it  shall  be  made 
pilcVin    ^    to  appear  at  such  trial,  that  the  laws  by  whi-ch  the  person 

which  the  act  (.}jarged  with  any  criminal  act  would  have  been  tried  had  his 
was  commit-  •=  *' 

ted  vary  trial  taken  place  before  a  judge,  magistrate,  or  other  officer 
the  colony,    of  Her  Majesty  in  the  country  or  place  in  which  such  act 


may  giA-"  ef-  ^^J  ^^  alleged  to  have  been  committed,  vary  from,  or  are 
feet  to  them. 


I 


IN  THE  LEVANT  AND  TURKEY.  133 

inconsistent  with  the  laws  in  force  within  such  colony,  in 
respect  either  of  the  criminality  of  the  act  charged,  or  of  the 
nature  or  degree  of  the  alleged  crime  or  offence,  or  of  the 
punishment  to  be  awarded  for  the  same,  such  Supreme 
Court  is  hereby  empowered  and  required  to  admit  and  give 
effect  to  the  laws  by  which  such  person  w^ould  have  been  so 
tried  as  aforesaid,  so  far  as,  but  not  further  or  otherwise 
than  the  same  relate  to  the  criminality  of  such  act,  or  to  the 
nature  or  degree  of  such  crime  or  offence,  or  to  the  punish- 
ment thereof:  Provided  also,  that  nothing  herein  contained  Nothing 
shall  be  construed  to  alter  or  repeal  any  law,  statute,  or  alter  any  law 
usage  bv  virtue  of  which  anv  crime  or  offence  committed  out'^^?P'^'^*'"8„ 

"        •'  •  •'  crimes  cora- 

of  Her  Majesty's  dominions  might,  at  the  time  of  the  passing  mitted  out 
of  this  Act,  be  inquired  of,  tried,  determined,  and  punished  jesty's  domi- 
within  Her  Majesty's  dominions,  or  any  part  thereof,  but  the"^^™^' 
same  shall  remain  in  full  force  and  effect,  anything  herein 
contained  to  the  contrary  notwithstanding. 

V.  And  whereas  it  may  likewise  in  certain  cases  be  expe-  Power  to 
dient  that  the  sentences  passed  within  such  countries  and  ^^"(g  f °"exe- 
places  as  aforesaid,  at  the  trial  of  crimes  and  offences  within '"".'"'"  °^  ^'?' 

^  '  _  pnsonment 

the  same,  should  be  carried  into  effect  within  Her  Majesty's  to  a  British 
dominions ;  Be  it  enacted.  That  if  any  offender  shall  have 
been  sentenced  to  suffer  death  or  imprisonment  for  or  in 
respect  of  any  crime  or  offence  of  which  such  offender  shall 
have  been  lawfully  convicted  before  any  Judge,  Magistrate, 
or  other  officer  of  Her  Majesty  within  any  such  country  or 
place  as  aforesaid,  it  shall  be  lawful  for  any  person  having 
authority  derived  from  Her  Majesty  in  that  behalf,  by 
warrant  under  his  hand  and  seal,  to  cause  such  offender  to 
be  sent  to  any  British  colony,  which  Her  Majesty  may  by 
any  Order  or  Orders  in  Council  from  time  to  time  appoint  in 
that  behalf,  in  order  that  the  sentence  so  passed  upon  such 
offender  may  be  carried  into  effect  within  the  same ;  and  the 
Magistrates,  gaolers,  and  other  officers  to  whom  it  may 
appertain  to  give  effect  to  any  sentence  passed  by  the  Supreme 
Court  exercising  crimmal  jurisdiction  within  such  colony  are 
hereby  empowered  and  required  to  do  all  acts  and  things 
necessary  to  carry  into  effect  the  sentence  so  passed  upon 
such  offender,  in  the  same  manner  as  though  the  same  had 
been  passed  by  such  Supreme  Coiirt. 

VI.  And  be  it  enacted.  That  if  any  offender  shall  have  Power  to 
been  ordered  or  sentenced  to  be  transported  beyond  the  seas  con\^cts.'^ 
by  any  Judge,  Magistrate,  or  other  officer  of  Her  Majesty, 


134  THE    CONSULAR    DUTIES 

within  any  such  country  or  place  as  aforesaid,  or,  having 
been  adjudged  to  suffer  death,  shall  have  received  Her 
Majesty's  most  gracious  pardon,  upon  condition  of  transporta- 
tion beyond  the  seas,  it  shall  be  lawful  for  any  person 
having  authority  derived  from  Her  Majesty  in  that  behalf  to 
cause  such  offender  to  be  sent  to  any  place  beyond  seas,  to 
which  convicts  may  at  any  time  be  laAvfully  transported  from 
any  part  of  Her  Majesty's  dominions,  and,  if  there  shall  be 
no  convenient  means  of  transporting  such  offender  without 
bringing  him  to  England,  to  cause  such  offender  to  be  brought 
to  England  in  order  to  be  transported,  and  to  be  imprisoned 
in  anjr  place  of  confinement  provided  under  the  authority  of 
any  law  or  statute  relating  to  the  transportation  of  offenders 
convicted  in  England,  imtil  such  offender  shall  be  transported, 
or  shall  become  entitled  to  his  liberty ;  and  as  soon  as 
any  such  offender  shall  have  arrived  at  the  place  to  which  he 
may  be  transported,  or,  if  brought  to  England  shall  have 
been  there  imprisoned  as  aforesaid,  all  the  provisions,  rules, 
regulations,  authorities,  powers,  penalties,  matters,  and 
things  concerning  the  safe  custody,  confinement,  treatment, 
and  transportation  of  any  offender  convicted  in  Great  Britain, 
shall  extend  and  be  construed  to  extend  to  such  offender  as 
fully  and  effectually,  to  all  intents  and  purposes,  as  if  such 
offender  had  been  convicted  and  sentenced  at  any  session  of 
gaol  delivery  holden  for  any  county  in  England. 
Limitation  VII.  And  be  it  enacted,  That  if  any  suit  or  action  shall  be 
brought  in  any  court  within  Her  ]\Iajesty's  dominions  against 
any  person  or  persons  for  anything  done  in  pvirsuance  of 
any  such  power  or  jurisdiction  of  Her  Majesty  as  aforesaid 
or  of  this  Act,  then  and  in  every  such  case  such  action  or 
suit  shall  be  commenced  or  prosecuted  within  six  months 
after  th^  fact  committed,  and  not  afterwards,  except  where 
the  cause  of  action  shall  have  arisen  out  of  Her  Majesty's 
dominions,  and  then  within  six  months  after  the  plaintiff  or 
plaintiffs  and  defendant  or  defendants  shall  have  been  within 
the  jurisdiction  of  the  court  in  which  the  same  may  be 
brought ;  and  the  same  and  every  such  action  or  suit  shall 
be  brought  in  the  country  or  place  where  the  cause  of  action 
shall  have  arisen,  and  not  elsewhere,  except  where  the  cause 
of  action  shall  have  arisen  out  of  Her  Majesty's  dominions  ; 
and  the  defendant  or  defendants  shall  be  entitled  to  the  like 
notice,  and  shall  have  the  like  privilege  of  tendering  amends 
to  the  plaintiff  or  plaintiffs,  or  their  agent  or  attorney,  as  is 


ot  actions. 


IN    THE    LEVANT    AND    TUKKEY.  135 

provided  in  actions  brought  against  any  Justice  of  the  Peace 
for  acts  done  in  the  execution  of  his  office,  by  an  Act  passed 
in  the  twenty-fourth  year  of  the  reign  of  King  George  the 
Second,  intituled  "An  Act  for  the  rendering  Justices  of  the  24  G.  2,  c.  44. 
Peace  more  safe  in  the  Execution  of  their  Office,  and  foj 
indemnifying  Constables  and  others  acting  in  obedience  to 
their  warrants ;"  and  the  defendant  or  defendants  in  every 
such  action  or  suit  may  plead  the  general  issue,  and  give  the 
special  matter  in  evidence ;  and  if  the  matter  or  thing  com- 
plained of  shall  appear  to  have  been  done  under  the  authority 
and  in  execution  of  any  such  power  or  jurisdiction  of  Her 
Majesty  as  aforesaid  or  of  this  Act,  or  if  any  such  action  or 
suit  shall  be  broiight  after  the  time  limited  for  bringing  the 
same,  or  be  brought  and  laid  in  any  other  country  or  place 
than  the  same  ought  to  have  been  brought  or  laid  in  as  afore- 
said, then  the  jury  shall  find  for  the  defendant  or  defendants  ; 
and  if  the  plaintiff  or  plaintiffs  shall  become  nonsuit,  or  dis- 
continue any  action  after  the  defendant  or  defendants  shall 
have  appeared,  or  if  a  verdict  shall  pass  against  the  plaintiff 
or  plaintiffs,  or  if  upon  demurrer  judgment  shall  be  taken 
against  the  plaintiff  or  plaintiffs,  the  defendant  or  defendants 
shall  and  may  recover  treble  costs,  and  have  the  like  remedy 
for  recovery  thereof  as  any  defendant  or  defendants  hath  or 
have  in  any  cases  of  law. 

VIII.  And  be  it  enacted.  That  from  and  after  the  first  day  Repeal  of 
of  October,  in  the  year  One  thousand  eight  hundred  and  q  4  ^  33' 
forty-four,  so  much  of  an  Act  passed  in  the  sixth  year  of  His  ^"y  "4  *j.^")f 
late  Majesty  King  George  the  Fourth,  intituled  "  An  Act  to 
repeal  certain  Acts  relating  to  the  Governor  and  Company  of 
Merchants  of  England  trading  to  the  Levant  Seas,  and  the 
duties  payable  to  them  ;  and  to  authorise  the  transfer  and 
disposal  of  the  possessions  and  property  of  the  said  Governor 
and  Company  for  the  public  service  ;"  as  provides,  "  that  from 
and  immediately  after  the  enrolment  of  any  such  deed  or 
instrument  as  therein  mentioned,  all  such  rights  and  duties 
of  jurisdiction  and  authority  over  His  Majesty's  subjects 
resorting  to  the  ports  of  the  Levant,  for  the  purposes  of 
trade  or  otherwise,  as  were  lawfully  exercised  or  performed, 
or  which  the  letters  patent  or  Acts  by  the  said  Act  recited, 
or  any  of  them,  authorised  to  be  exercised  or  performed 
by  any  Consul  or  other  officers  appointed  by  the  said  Com- 
pany, or  which  such  Consuls  or  other  officers  lawfully  exer- 
cised and  performed  under  and  by  virtue  of  any  power  or 


136  THE    CONSULAR    DUTIES 

authority  whatever,  should,  from  and  after  the  enrolment  of 
such  deed  or  instrument  as  aforesaid,  be  and  become  vested 
in  and  should  be  exercised  and  performed  by  such  Consuls 
and  other  officers  respectively  as  His  Majesty  might  be 
pleased  to  appoint  for  the  protection  of  the  trade  of  His 
Majesty's  subjects  in  the  ports  and  places  respectively  men- 
tioned in  the  said  letters  patent  and  Acts,  or  any  or  either 
of  them;"  and  also  that  from  and  after  the  passing  of  this 
Act  an  Act  passed  in  the  Parliament  holden  in  the  sixth  and 
seventh  years  of  His  said  late  Majesty  King  William  the 
Fourth,  intituled  "  Au  Act  to  enable  His  Majesty  to  make 
Regulations  for  the  better  defining  and  establishing  the 
Powers  and  Jurisdiction  of  His  Majesty's  Consuls  in  the 
Ottoman  Empire,"  shall  be  and  the  same  are  hereby  repealed, 
save  as  to  any  matter  or  thing  theretofore  done  under  the 
authority  of  the  same  respectively. 
Act  may  be  IX.  And  be  it  enacted.  That  this  Act  may  be  amended 
repealed.  or  repealed  by  any  Act  to  be  passed  during  this  session  of 
Parliament. 


Inclosure  2,   IN   No,  I. 

Order  in  Council  respecting  the  exercise  of  Jurisdiction  by  Her  Majesty's 
Consids  in  Turkey  in  Civil  Cases. 

At  the  Court  of  Windsor,  the  2nd  day  of  October,  1843. 

Present : — The  Queen's  Most  Excellent  Majesty  in  Council. 

Whereas  by  a  certain  Act  of  Parliament,  made  and  passed  in  the 
session  of  Parliament  holden  in  the  sixth  and  seventh  years  of  Her 
Majesty's  reign,  intituled  "  An  Act  to  remove  doubts  as  to  the  exercise 
of  power  and  jurisdiction  by  Her  Majesty  within  divers  countries  and 
places  out  of  Her  Majesty's  dominions,  and  to  render  the  same  more 
effectual,"  it  is  amongst  other  things,  enacted,  that  it  is  and  shall  be 
lawful  for  Her  Majesty  to  hold,  exercise,  and  enjoy  any  power  or  juris- 
diction which  Her  Majesty  now  hath,  or  may  at  any  time  hereafter 
have,  within  any  country  or  place  out  of  Her  Majesty's  dominions,  in 
the  same  and  as  ample  a  manner  as  if  Her  Majesty  had  acquired  such 
power  or  jurisdiction  by  the  cession  or  conquest  of  territory :  and 
whereas  Her  Majesty  hath  power  and  jurisdiction  in  the  dominions  of 
the  Sublime  Ottoman  Porte,  and  the  same  or  certain  parts  thereof  have 
heretofore  been  customarily  exercised  on  behalf  of  Her  Majesty  by 
Her  Majesty's  Ambassadors  and  other  officers  resident  within  the  said 
dominions;  Her  Majesty  is  pleased,  by  and  with  the  advice  of  Her 


IN    THE    LEVANT    AND    TURKEY.  137 

Privy  Council,  to  order,  and  it  is  hereby  ordered,  that  Her  Majesty's 
Ambassadors,  Ministers,  Cliarges  d'AfFaires,  Consuls-General,  Consuls, 
and  Vice-Consuls,  resident  within  the  said  dominions,  and  being 
subjects  of  Her  Majesty,  shall,  until  further  order,  continue  to  exercise 
all  such  power  and  jurisdiction  within  the  said  dominions  as  have 
heretofore  been  customarily  exercised  by  them,  or  any  of  them,  or  by 
the  predecessors  of  them,  or  any  of  them,  in  the  said  offices ;  and  that 
the  said  Ambassadors  and  other  officers  shall  likewise,  in  the  exercise 
of  such  power  and  jurisdiction  as  aforesaid,  continue  to  observe,  until 
further  order,  all  such  laws,  usages,  forms  of  procedure,  and  methods 
of  enforcing  obedience  as  have  heretofore  been  customarily  observed 
by  them. 

And  the  Right  Honourable  the  Earl  of  Aberdeen,  one  of  Her 
Majesty's  principal  Secretaries  of  State,  is  to  give  the  necessary 
directions  herein  accordingly. 

(Signed)  C.  C.  Greville. 


No.   II. —  Circular  to  Her  Majesty's  Consuls  in  the  Levant. 

Foreign  Office,  July  2,  1844. 

Sir, — I  transmit  to  you  herewith  an  Order  of  Her  Majesty  in 
Council,  conferring  on  Her  Majesty's  Consular  officers  in  the  Ottoman 
dominions,  jurisdiction  in  cases  wherein  British  subjects  are  accused  of 
having  committed  crimes  and  off'ences  within  the  said  dominions,  and 
over  which  Her  Majesty  hath  jurisdiction.  This  Order,  as  you  will 
observe,  applies  exclusively  to  matters  of  a  criminal  nature. 

The  Order  in  Council  of  October  2,  1843,  transmitted  to  you  on 
the  6th  of  that  month,  is  still  operative  as  regards  the  exercise  of 
jurisdiction  by  Her  Majesty's  Consuls  in  Turkey  in  civil  cases. 

I  also  inclose  a  memorandum  of  instructions  for  your  guidance 
in  the  exercise  of  the  jurisdiction  conferred  upon  you  by  the  inclosed 
Order. 

In  addition  to  what  is  stated  in  this  memorandum,  I  have  merely 
to  observe  that  you  will  bear  in  mind,  that  although  you  are  em- 
powered, under  the  circumstances  stated  in  the  Order  in  Council,  to 
send  ovxt  of  the  Turkish  dominions  a  British  subject  who  may  have 
been  twice  convicted,  it  is  not  obligatory  upon  you  to  do  so  in  every 
case  of  a  second  conviction.  It  is  only  when  the  character  of  the 
offender  is  such  as  to  render  his  continuance  in  Turkey  incompatible 
with  the  peace  and  good  order  of  society,  that  you  should  resort  to 
this  extreme  measure.  You  will  therefore  have  to  judge,  upon  each 
■  occasion  of  a  second  conviction,  whether  it  is  necessary  or  not  to  send 
the  party  out  of  the  Ottoman  dominions. 

I  send  you  a  criminal  register,  and  also  a  register  in  which  the 


138  THE    CONSULAR    DUTIES 

names  of  all  persons  considered  as  British  subjects  are  to  be  enrolled. 
You  will  be  careful  to  keep  these  registers  accurately  ;  and  in  order 
to  explain  to  you  more  fully  the  system  which  it  is  intended  that  you 
should  observe,  I  enclose  sheets  of  each,  with  the  columns  filled  up 
by  supposed  cases. 

I  also  send  some  blank  sheets  of  the  criminal  register  to  be  used  by 
you  in  the  periodical  returns  to  be  made  to  the  Foreign  office,  as  pre- 
scribed by  the  memorandum  of  instructions. 

It  will  not  be  necessary  that  you  should  send  home  a  copy  of  the 
register  of  British  subjects,  but  on  the  31st  of  December  of  each  year 
you  will  report  the  numbers  of  persons  enrolled  as  British  subjects 
in  that  register. 

I  have  in  conclusion  to  state  to  you,  that  Her  Majesty's  Govern- 
ment expect  and  require  that  in  the  exercise  of  the  extensive  powers 
thus  confided  to  you,  you  wiU  strictly  conform  to  the  tenour  of  the 
instruments  by  which  those  powers  are  conferred.  Her  Majesty's 
Government  will  always  be  disposed  to  place  the  best  construction 
upou  your  conduct,  and  will  make  all  due  allowance  for  any  inac- 
curacies into  which  you  may  inadvertently  fall ;  but  the  position  in 
which  you  are  now  placed  in  regard  to  the  exercise  of  criminal  juris- 
diction differs  essentially  from  that  in  which  you  formerly  stood,  inas- 
much as  there  is  now  a  legal  standard  by  which  your  proceedings 
are  to  be  judged,  and  definite  rules  to  which  you  are  called  upon  to 
adhere. 

When  a  period  of  six  months  from  the  commencement  of  the  new 
system  shall  have  elapsed,  I  should  wish  to  receive  from  you  a  report  as 
to  the  manner  in  which  it  works,  together  with  any  suggestions  wliich 
experience  may  induce  you  to  offer  for  any  alterations  which  you  may 
consider  it  would  be  advantageous  to  introduce. 

I  am,  etc., 
(Signed)  Aberdeen. 

P.S. — In  cases  of  joint  British  and  Turkish  jurisdiction,  the  Turkish 
magistrate,  taking  part  in  the  decision,  is  to  be  specified  in  the  table 
of  remarks  of  the  police  register. 

IncLOSURE    1    IN    No.  II. 

Order  in   Council  conferring   on   Her  Majesty's   Consular   Officers  in  the 
Ottoman  Dominions  Jurisdiction  in  Criminal  Cases. 

At  the  Court  at  Buckingham  Palace,  the  19th  day  of  June,  1844. 

Present : — The  Queen's  Most  Excellent  Majesty  in  Council. 

Whereas  by  a  certain  Act  of  Parliament  made  and  passed  in  the 
session  of  Parliament  holden  in  the  sixth  and  seventh  years  of  Her 


IN    THE    LEVANT    AND    TURKEY.  139 

Majesty's  reign,  intituled,  "  An  Act  to  remove  doubts  as  to  the  exer- 
cise of  power  and  jurisdiction  by  Her  Majesty  witbin  divers  coiuitries 
and  places  out  of  Her  Majesty's  dominions,  and  to  tender  the  same 
more  eft'ectual,"  it  is,  amongst  other  things,  enacted,  That  it  is  and 
shall  be  lawful  for  Her  Majesty  to  hold,  exercise,  and  enjoy,  any  power 
or  jurisdiction  which  Her  Majesty  now  hath,  or  may  at  any  time  here- 
after have,  within  any  country  or  place  out  of  Her  Majesty's  dominions, 
in  the  same  and  as  ample  a  manner  as  if  Her  Majesty  had  acquired  such 
power  or  jurisdiction  by  the  cession  or  conquest  of  territory;  and 
VFhereas  Her  Majesty  hath  power  and  jurisdiction  in  the  dominions  of 
the  Sublime  Ottoman  Porte,  and  the  same  or  certain  parts  thereof  have 
heretofore  been  customarily  exercised  on  behalf  of  Her  Majesty  by  Her 
Majesty's  Ambassadors  and  other  Officers  resident  within  the  said 
dominions  ;  and  whereas  Her  Majesty  was  pleased,  on  the  second  day  of 
October,  One  thousand  eight  hundred  and  forty-three,  by  and  with  the 
advice  of  Her  Privy  Council,  to  order  that  Her  Majesty's  Ambassadors, 
Ministers,  Charges  d'Affairs,  Consuls-General,  Consuls,  and  Vice- 
Consuls,  resident  within  the  said  dominions,  and  being  subjects  of  Her 
Majesty,  should,  until  further  order,  continue  to  exercise  all  such 
power  and  jurisdiction  within  the  said  dominions  as  have  heretofore 
been  customarily  exercised  by  them,  or  any  of  them,  or  by  the  prede- 
cessors of  them,  or  any  of  them,  in  the  said  offices  ;  and  that  the  said 
Ambassadors  and  other  Officers  should  likewise,  in  the  exercise  of  such 
power  and  jurisdiction  as  aforesaid,  continue  to  observe,  until  further 
order,  aU  such  laws,  usages,  forms  of  procedure,  and  methods  of  en- 
forcing obedience  as  have  heretofore  been  customarily  observed  by 
them. 

And  whereas  it  is  expedient,  at  the  present  time,  to  make  further 
provision  for  the  due  exercise  of  the  jurisdiction  possessed  by  Her 
Majesty  as  aforesaid,  in  the  dominions  of  the  Sublime  Ottoman  Porte  : 

Now,  therefore,  in  pursuance  of  the  above-recited  Act  of  Parlia- 
ment, Her  Majesty  is  pleased,  by  and  with  the  advice  of  Her  Privy 
Coimcil,  to  order,  and  it  is  hereby  ordered,  that  the  above-recited  Order 
of  the  second  day  of  October,  One  thousand  eight  hundred  and  forty- 
three,  in  so  far  as  it  provided  for  the  exercise  of  jurisdiction  over 
British  subjects  charged  with  the  commission  of  crimes  and  offences, 
shall  be,  and  it  is  hereby  revoked  and  cancelled,  save  and  except  as  to 
all  acts,  matters,  and  things  heretofore  done  under  the  said  Order,  or 
which  may  hereafter  be  done  under  the  same,  previously  to  the  receipt 
of  this  Order  by  Her  Majesty's  Ambassador,  Consuls,  or  other  Officers 
respectively  : 

And,  for  the  due  exercise  of  the  jurisdiction  possessed  by  Her 
Majesty   as   afoi'esaid  in  the   dominions  of  Sublime   Ottoman   Porte, 


140  THE    CONSULAR    DUTIES 

Her  Majesty  is  pleased,  by  and  with  tlie  advice  of  Her  Privy  Council, 
to  order,  and  it  is  hereby  ordered,  that  any  act  coming  ixnder  Her  Ma- 
jesty's jurisdictibn  as  aforesaid,  and  which  being  done  in  any  part  of 
Her  Majesty's  dominions  would  render  the  agent  or  his  abettors  amen- 
able to  punishment,  shall,  when  done  by  British  subjects  within  the 
dominions  of  the  Sublime  Ottoman  Porte,  be  considered  as  criminal  to 
the  same  extent,  and  shall  be  liable  to  be  inquired  of,  tried,  deter- 
mined, and  punished  in  the  manner  hereinafter  prescribed  :  and  it  is 
further  ordered,  that  Her  Majesty's  Consuls-General,  Consuls,  and 
Vice-Consuls  resident  within  the  dominions  of  the  Sublhne  Ottoman 
Porte,  and  being  subjects  of  Her  Majesty,  shaU  severally,  in  the  dis- 
tricts w  ithin  which  they  may  respectively  be  appointed  to  reside,  have 
and  hold  all  necessary  power  and  authority  to  inquire  of  all  and  all 
manner  of  crimes  and  offences  by  British  subjects  committed  within 
the  said  dominions,  and  over  which  Her  Majesty  hath  jurisdiction  ;  and 
that  the  said  Consuls-General,  Consuls,  and  Vice-Consuls  shall  more- 
over have  power  and  jurisdiction  in  the  manner  and  within  the  limits 
hereinafter  prescribed,  to  hold  Consular  Courts,  and  therein  to  try, 
determine,  and  punish  all  such  crimes  and  offences  as  aforesaid ;  and, 
for  the  purposes  aforesaid,  it  is  ordered,  that  any  of  the  Consuls- 
General,  Consuls,  and  V ice-Cons vils,  resident  within  the  dominions  of 
the  Sublime  Ottoman  Porte,  shall  have  power  and  authority  to  cause 
to  be  apprehended  and  brought  before  him  any  British  subject  who 
may  be  charged  with  having  committed  any  crime  or  offence  as  afore- 
said within  the  dominions  of  the  Sublime  Ottoman  Porte,  and  any  such 
Consul-General,  Consul,  or  Vice-Consul  as  aforesaid,  shall  thereupon 
proceed  with  all  convenient  speed  to  inquire  of  the  same ;  and  to  that 
effect  shall  have  power  to  examine,  on  oath,  all  witnesses  who  may 
appear  before  him  to  substantiate  the  charge,  or,  if  such  witnesses 
shall  not  be  Christians,  to  examine  them  in  the  form  most  binding  on 
their  consciences  ;  and  shall  have  power  to  summon  any  persons,  being 
British  subjects,  who  may  be  competent  to  give  evidence,  and  to  en- 
force the  attendance  of  such  persons  by  a  fine  not  exceeding  twenty 
dollars ;  and  shall  examine  all  witnesses  whatsoever  in  the  presence 
and  hearing  of  the  person  accused,  and  afford  the  accused  person  all 
reasonable  facility  for  cross-examining  all  such  witnesses  ;  and,  having 
reduced  to  writing  the  depositions  of  the  witnesses,  shall  cause  the 
same  to  be  read  over,  and,  if  necessary,  explained  to  the  person 
accused,  together  with  any  other  evidence  that  may  have  been  urged 
against  him  during  the  course  of  the  trial ;  and  shall  require  such 
accused  person  to  defend  himself  against  the  charge  brought  against 
him,  and  shall  take  the  evidence  of  any  witnesses  whom  the  accused 
person  may  tender  to  be  examined  in  his  exculpation ;  and  when  the 


IN  THE  LEVANT  AND  TUKKEY.  141 

case  has  been  fvilly  enquired  of,  and  the  innocence  or  guilt  of  the  per- 
sons accused  established,  the  Consul-General,  Consul,  or  Vice-Con sul, 
as  the  case  may  be,  shall  either  discharge  the  person  accused  from 
custody  if  satisfied  of  his  innocence,  or  proceed  to  pass  sentence  on 
him  if  convinced  of  his  guilt :  and  it  is  hereby  ordered,  that  it  shall  be 
lawful  for  any  one  of  Her  Majesty's  Consuls-General,  Consuls,  and 
Vice-Consuls  as  aforesaid,  having  enquired  of,  tried,  and  determined, 
in  the  manner  aforesaid,  ■  any  charge  which  may  be  brought  before 
him,  to  award  any  degree  of  punishment  not  exceeding  imprisonment 
for  three  months,  or  a  fine  of  one  hundred  dollars. 

And  it  is  further  ordered,  that  if  the  crime  whereof  any  person  being 
a  British  subject  may  be  accused  before  any  of  Her  Majesty's  Consuls- 
General,  Consuls,  or  Vice-Consuls  as  aforesaid,  shall  appear  to  such 
Consul-General,  Consul,  or  Vice-Consul,  to  be  of  such  a  nature  as,  if 
proved,  would  not  be  adequately  punished  by  the  infliction  of  such 
punishment  as  aforesaid,  it  shall  be  lawful  for  such  Consul-General, 
Consul,  or  Vice-Consul,  to  summon  two,  or  not  more  thaij  four, 
British  subjects  of  good  repute,  residing  within  his  district,  to  sit 
with  him  as  Assessors  for  inquiring  of,  trying,  and  determining  the 
case  or  cases  before  the  court ;  and  the  Consul-General,  Consul,  or 
Vice-Consul,  who  shall  hold  a  court  of  criminal  justice  with  the 
assistance  of  Assessors  as  aforesaid,  shall,  if  he  is  himself  convinced 
of  the  guilt  of  the  party  accused,  have  power  to  award  any  degree  of 
punishment  not  exceeding  imprisonment  for  twelve  months,  or  a  fine 
of  200  dollars ;  and  the  Assessors  aforesaid  shall  have  no  authority 
to  decide  on  the  innocence  or  the  guilt  of  the  party  accused,  or  on  the 
amount  of  punishment  to  be  awarded  on  conviction  :  but  in  the  event 
of  the  said  Assessors,  or  any  of  them,  dissenting  from  the  conviction 
of,  or  from  the  amount  of  punishment  awarded  to,  the  acciised, 
the  said  Assessors,  or  any  of  them,  shall  be  authorised  to  record  on 
the  minutes  of  the  proceedings  the  grounds  on  which  the  said 
Assessors,  or  any  of  them,  may  so  dissent ;  and  in  any  such  case  the 
officer  holding  the  court  shall  forthwith  report  to  Her  Majesty's 
Ambassador,  Minister,  or  Charge  d' Affaires  at  the  Sublime  Ottoman 
Porte,  the  fact  that  such  dissent  has  been  so  recorded  on  the  minutes 
of  the  proceedings,  and  as  soon  as  possible  lay  before  such  Ambassador, 
Minister,  or  Charge  d'Afiaires  copies  of  the  whole  of  tlie  depositions 
and  proceedings,  with  the  dissent  of  the  Assessors  recorded  thereon ; 
and  it  shall  then  be  lawful  for  Her  Majesty's  Ambassador,  Minister, 
or  Charge  d'Affaires,  by  warrant  under  his  hand  and  seal,  addressed 
to  the  Consul-General,  Consul,  or  Vice-Consul,  by  whom  the  case  was 
tried,  to  mitigate  or  remit  altogether  the  punishment  awarded  to  the 
party  accused;  and  such  Consul-General,  Consul,  or  Vice-Consul  shall 
give  immediate  effect  to  the  injunction  of  any  such  warrant :  and  it  is 


142  THE    CONSULAR    DUTIES 

further  ordered,  that  all  fines  prescribed  as  aforesaid,  as  well  as  all 
fines  levied  on  witnesses  being  British  subjects  and  refusing  to  attend 
and  give  evidence  in  a  Consular  Court,  may  be  levied  by  distress,  in 
pursuance  of  a  warrant  issued  to  that  effect  by  the  officer  holding 
such  court,  and  appropriated  in  the  manner  directed  by  Her  Majesty's 
Principal  Secretary  of  State  for  Foreign  Affairs  ;  and  that  the  place  of 
imprisonment  shall  be  such  as  has  heretofore  been  customarily  used 
as  such,  or  as  may  be  appointed  by  Her  Majesty's  Ambassador, 
Minister,  or  Charge  d' Affaires  at  the  Sublime  Ottoman  Porte,  and 
approved  by  Her  Majesty's  Principal  Secretary  of  State  for  Foreign 
Affairs. 

And  it  is  further  ordered,  that  aU  proceedings  in  the  Consular 
Courts  held  in  virtue  of  this  present  order,  shall  be  had  as  far  as 
possible  in  conformity  and  correspondence  with  the  proceedings  which 
in  like  cases  would  be  had  according  to  the  law  and  practice  of  England, 
regard  being  had  to  the  difference  of  local  cii'cumstances  and  to  the 
provisions  of  this  order. 

And  it  is  further  ordered,  that  the  Consular  Courts  held  in  pur- 
suance of  this  order,  shall  be  Courts  of  Record ;  and  that  minutes 
of  proceedings  taken  therein  shall  in  all  cases  be  drawn  up  and  pre- 
served with  the  depositions  of  the  vsitnesses,  and  such  minutes  shall 
be  signed  by  the  officer  holding  the  court,  and  shall,  in  cases  where 
Assessors  are  present,  be  open  for  the  inspection  of  such  Assessors, 
and  for  their  signature,  if  concurred  in  by  them. 

And  it  is  further  ordered,  that  in  any  case  of  assault  it  shall  be 
laAvful  for  the  Consular  Officer,  before  whom  complaint  is  made,  to 
promote  reconciliation  betAveen  the  parties,  and  to  suffer  composition 
and  amends  to  be  made,  and  the  proceedings  thereby  to  be  stopped. 

And  it  is  further  ordered,  that  no  Vice-Consul  shall  have  power  to 
award  punishment  unless  holding  a  commission  from  Her  Majesty, 
and  any  Vice-Cons ul  not  so  commissioned,  after  having  inquired  of, 
tried,  and  determined  any  case  of  which  he  shall  have  had  cognizance, 
in  pursviance  of  this  order,  shall  report  his  proceedings,  and  transmit 
the  depositions  to  the  Superior  Consular  Officer  of  his  district,  and 
such  Superior  Consular  Officer  shall  have  power  to  award  punishment 
in  the  same  manner  as  if  the  case  ha'd  been  inquired  of,  tried,  and 
determined  by  himself. 

And  it  is  further  ordered,  that  it  shall  be  lawful  for  Her  Majesty's 
Principal  Secretary  of  State  for  Foreign  Affairs  to  limit  the  extent  to 
which  any  Consul-General,  Consul,  or  Vice-Consul  shall  exercise 
jurisdiction  over  British  subjects  in  criminal  matters  Avithin  the 
dominions  of  the  Sublime  Ottoman  Porte,  any  thing  in  the  present 
order  contained  notwithstanding. 

And,  in  order  more  effectually  to  repress  crimes  and  offences  on  the 


IN    THE    LEVANT    AND    TURKEY.  143 

part  of  Britisli  subjects  in  the  dominions  of  the  Sublime  Ottoman 
Porte,  it  is  hereby  further  ordered,  that  it  shall  and  may  be  lawful  for 
any  of  Her  Majesty's  Consuls-General,  Consuls,  or  Vice-Consuls  to 
cause  any  British  subject  who  shall  have  been  twice  convicted  of  any 
crime  and  offence  in  the  Consular  Court,  and  who  shall  not  be  able  to 
find  good  and  sufficient  surety  to  the  satisfaction  of  Her  Majesty's 
Consular  Officer  for  his  future  good  behaviour,  to  be  sent  out  of  the 
dominions  of  the  Sublime  Ottoman  Porte,  and  to  this  end  any  such 
Consular  Officer  as  aforesaid  shall  have  power  and  authority,  as  soon 
as  may  be  practicable  after  execution  of  the  sentence  on  any  second 
conviction,  or  at  any  time  Avhile  such  sentence  is  in  execiition,  to  send 
to  the  Island  of  Malta  any  native  of  that  island,  or  of  its  dependencies, 
who  may  be  so  convicted  as  aforesaid,  and  be  unable  to  find  surety 
as  aforesaid,  and  to  send  to  Gibraltar  any  native  of  that  place,  and  to 
send  to  England  any  other  British  subject;  and  to  detain  in  custody 
any  such  person  i;ntil  a  suitable  opportunity  for  sending  him  out  of 
the  said  dominions  shall  present  itself:  and  any  person  to  be  sent  out 
of  the  said  dominions  as  aforesaid  may  be  embarked  on  board  one  of 
Her  Majesty's  vessels  of  war,  or  if  there  should  be  no  such  vessel  of 
war  which  can  be  employed  for  such  purpose,  then  on  board  any 
Maltese  or  British  vessel  bound  for  Malta,  Gibraltar,  or  England,  as 
the  case  may  be,  in  the  same  manner  as  if  such  person  were  a  distressed 
British  subject ;  and  such  person  shall  be  disposed  of,  on  his  arrival  in 
Malta,  Gibraltar,  or  England,  as  a  distressed  British  subject  would  be 
disposed  of.  But  in  all  cases  in  which  a  British  subject  shall  have 
been  sent  out  of  the  dominions  of  the  Sublime  Ottoman  Porte  as 
aforesaid,  the  officer  sending  him  out  shall  forthwith  report  his  having 
so  done  to  Her  Majesty's  Ambassador,  Minister,  or  Charg6  d' Affaires 
at  the  Sublime  Ottoman  Porte,  and  to  Her  Majesty's  Principal  Secretary 
of  State  for  Foreign  Affairs  :  and  should  any  person  so  sent  out  of 
the  dominions  of  the  Sublime  Ottoman  Porte  return  to  the  said 
dominions  without  the  sanction  of  Her  Majesty's  Ambassador, 
Minister,  or  Charge  d' Affaires,  or  of  Her  Majesty's  Principal  Secretary 
of  State  for  Foreign  Affairs,  which  sanction  Her  Majesty's  Ambassador, 
Minister,  or  Charge  d'Aff'aires,  or  Principal  Secretary  of  State  for 
Foreign  Affairs,  shall  severally  have  power  to  grant,  he  shall  no  longer 
be  entitled  to  be  protected  as  a  British  subject  in  the  said  dominions. 

And  whereas  it  is  provided  by  the  42nd  Article  of  the  Capitulations 
between  Great  Britain  and  Turkey,  "  that  in  case  any  Englishman  or 
other  person  navigating  under  their  flag  should  happen  to  commit 
manslaughter,  or  any  other  crime,  or  be  thereby  involved  in  a  law-suit, 
the  Governors  in  our  sacred  dominions  shall  not  proceed  to  the  cause 
until  the  Ambassador  or  Consul  shall  be  present,  but  they  shall  hear 


144  THE   CONSULAR   DUTIES 

and  decide  it  together,  without  their  presuming  to  give  them  any  the 
least  molestation  by  hearing  it  alone,  contrary  to  the  holy  law  and 
these  Capitulations,"  Her  Majesty  is  pleased,  by  and  with  the  advice 
of  Her  Privy  Council,  to  order,  and  it  is  hereby  ordered,  that  Her 
Majesty's  Consuls-General,  Consuls,  or  Vice-Consuls  as  aforesaid, 
shall  in  any  such  case  of  joint  jurisdiction  as  aforesaid  be  competent 
to  act,  and  shall  act  in  the  same  on  the  part  of  Her  Majesty  :  and  it  is 
hereby  further  ordered,  that  it  shall  be  lawful  for  them,  or  any  of 
them,  to  deal  with  any  British  subject  who  may  have  been  twice 
convicted  in  any  such  court  of  joint  jurisdiction,  or  who  may  have 
been  once  convicted  in  a  Consular  Court,  and  once  in  a  court  of  joint 
jurisdiction  as  aforesaid,  in  the  same  manner  as  if  such  British  subject 
had  been  t%™e  convicted  in  a  Consular  Court. 

And  it  is  further  ordered,  that  any  person  acting  temporarily  and 
with  the  approval  of  Her  Majesty's  Principal  Secretary  of  State  for 
Foreign  Affairs,  as  Her  Majesty's  Consul-General,  Consul,  or  Vice- 
Consul,  shall  be  competent  to  do  all  things  which,  by  the  present 
order.  Her  Majesty's  Consuls-General,  Consuls,  or  Vice-Consuls  are 
empowered  to  do,  notwithstanding  that  such  person  so  acting  as 
aforesaid  shall  not  hold  a  commission  from  Her  Majesty. 

And  it  is  further  ordered,  that  all  British  subjects  now  residing 
within  the  dominions  of  the  Sublime  Ottoman  Porte  shall,  after 
reasonable  public  notice  to  that  effect  has  been  given  by  the  British 
Consular  Officer  within  whose  district  they  may  be  residing,  enrol 
themselves  in  a  register  to  be  kept  by  such  Consular  Officer ;  and 
that  every  British  subject  hereafter  arriving  at  any  place  within  the 
said  dominions  wherein  a  British  Consular  Office  is  maintained, 
saving  and  except  any  British  subject  borne  on  the  muster-roll  of  any 
British  ship  arriving  in  the  ports  of  Turkey,  shall,  witliin  a  reasonable 
period  after  his  arrival,  enrol  himself  in  such  register  to  be  kept  as 
aforesaid,  and  any  British  subject  who  shall  refuse  or  neglect  so  to 
enrol  himself,  and  shall  not  be  able  to  excuse  to  the  satisfaction  of 
the  consular  officer  his  refusal  or  neglect,  shall  not  be  entitled  to 
require  to  be  recognised  or  protected  as  a  British  subject  in  any 
difficulties  whatsoever  in  which  he  may  be  involved  within  the 
dominions  of  the  Sublime  Ottoman  Porte. 

And  it  is  further  ordered,  that  no  fee  or  remuneration  whatsoever 
shall  be  demanded  or  received  by  any  British  consular  officer  for  or 
on  account  of  the  enrolment  of  any  British  subject  in  the  register 
aforesaid,  and  that  a  notification  of  the  period  \^'ithin  which  such 
enrolment  must  be  effected  shall  be  exhibited  in  some  conspicuous 
place  in  the  Consular  Office. 

And  in  further  exercise  of  the  powers  in  Her  Majesty  vested  by  the 


IX    THE    LEVANT    AND    TURKEY.  145 

Act  of  Parliament  above  recited,  Her  Majesty  is  pleased,  by  and  with 
the  advice  of  Her  Privy  Council,  to  appoint  the  Island  of  Malta  as 
the  British  colony  wherein  crimes  and  offences  committed  by  British 
subjects  within  the  dominions  of  the  Sublime  Ottoman  Porte,  which 
it  may  be  expedient  shall  be  inquired  of,  tried,  determined,  and 
punished  within  Her  Majesty's  dominions,  shall  be  so  inquired  of, 
tried,  determined,  and  punished,  and  that  Her  Majesty's  Consuls- 
General,  Consuls,  and  Vice-Consuls,  resident  within  the  said  dominions, 
and  being  subjects  of  Her  Majesty,  shall  have  authority  to  cause  any 
British  subject  charged  with  the  commission  of  any  crime  or  offence, 
the  cognizance  whereof  may  at  any  time  appertain  to  them,  or  any  of 
them,  to  be  sent  for  trial  to  the  said  Island  of  Malta. 

And  the  Right  Honourable  the  Earl  of  Aberdeen,  and  the  Right 
Honourable  Lord  Stanley,  two  of  Her  Majesty's  Principal  Secretaries 
of  State,  and  the  Lords  Commissioners  of  the  Admiralty,  are  to  give 
the  necessary  directions  herein  as  to  them  may  respectively  appertain. 

(Signed)         Wm.  L.  Bathurst. 


InCLOSURE    2,    IN    No.  II. 

Memorandum  for  the  guidance  of  Her  Majesty's  Consular  Servants  in  the 

Levant,  with  reference  to   the  exercise  of  Jurisdiction  under  the  Order 

in  Council. 

Foreign  Office,  July  2,  1844. 
In  transmitting  to  Her  Majesty's  Consular  Servants  in  the  Ottoman 
dominions  the  accompanying  Order  in  Council,  by  which  the  nature 
of  the  jurisdiction  in  mattei^s  of  a  criminal  nature  conferred  upon 
them  in  pursuance  of  the  powers  vested  in  Her  Majesty  by  the  Act  of 
the  6th  and  7th  Victoria,  c.  94,  commonly  called  the  "  Foreign  Juris- 
diction Act,"  is  defined,  and  the  manner  in  which  such  jurisdiction  is 
to  be  exercised  by  them,  pointed  out,  the  Secretary  of  State  desires  to 
call  their  particvilar  attention  to  the  following  observations : 

The  right  of  British  Consular  Officers  to  exercise  any  jurisdiction  in 
Turkey  in  matters  which  in  other  countries  come  exclusively  under  the 
control  of  the  local  magistracy,  depends  originally  on  the  extent  to 
which  that  right  has  been  conceded  by  the  Sultans  of  Turkey  to  the 
British  Crown,  and  therefore  the  right  is  strictly  limited  to  the  terms 
in  which  the  concession  is  made. 

The  right  depends,  in  the  next  place,  on  the  extent  to  which  the 
Queen,  in  the  exercise  of  the  powers  vested  in  Her  Majesty  by  Act  of 
Parliament,  may  be  pleased  to  grant  to  any  of  Her  Consular  Servants 
authority  to  exercise  jurisdiction  over  British  subjects,  and  therefore 
the  Orders  in  Council  which  may  from  time  to  time  be  issued  are  the 


146  THE   CONSULAR   DUTIES 

only  warrants  for  the  proceedings  of  the  Consuls,  and  exhibit  the  rules 
to  which  they  must  scrupulously  adhere. 

This  state  of  things  in  Turkey  is  an  exception  to  the  system  univer- 
sally observed  among  Christian  nations.  But  the  Ottoman  emperors 
having  waived  in  favour  of  Christian  Powers  rights  inherent  in  terri- 
torial sovereignty,  such  Christian  Powers,  in  taking  advantage  of  this 
concession,  are  bound  to  provide  as  far  as  possible  against  any  inju- 
rious effects  resulting  from  it  to  the  territorial  sovereign ;  and  as  the 
maintenance  of  order  and  the  repression  of  crime  are  objects  of  the 
greatest  importance  in  every  civilized  community,  it  is  obligatory  upon 
the  Christian  Powers,  standing  as  they  do  in  Turkey,  in  so  far  as  their 
own  subjects  are  concerned,  in  the  place  of  the  territorial  sovereign,  to 
provide  as  far  as  possible  for  these  great  ends. 

The  present  Order  in  Council  has  been  issued  for  this  purpose.  But 
it  is  essential  that  Her  Majesty's  Consular  Officers  in  Turkey  should 
bear  in  mind  that  in  conferring  upon  them  powers  of  jurisdiction  of 
such  a  comprehensive  and  unusual  character.  Her  Majesty's  Govern- 
ment do  not  desire  that  those  powers  should  be  needlessly  or  lightly 
employed :  and  that,  on  the  contrary,  whenever  differences  can  be 
adjusted  in  a  conciliatory  manner,  such  a  termination  should  be  pro- 
moted and  recommended ;  and  that  whenever  crimes  are  to  be 
punished,  certain  and  speedy,  rather  than  severe,  punishment  is  to  be 
preferred. 

The  Consuls  will  observe  that  three  courses  of  proceeding  are  pre- 
scribed by  the  Order  in  Council,  viz.: — a  summary  decision;  a  decision 
■with  the  assistance  of  assessors  chosen  from  the  British  commimity ; 
and  recourse  to  the  criminal  tribunal  of  Malta. 

The  object  for  which  the  jurisdiction  is  to  be  exercised  renders 
it  unnecessary  to  deal  with  crimes  according  to  the  strict  definitions  of 
British  law,  even  if  the  means  at  the  disposal  of  the  Consuls,  and  the 
extent  of  legal  knowledge  which  they  can  be  expected  to  possess, 
admitted  of  such  a  course. 

The  utmost  that  it  appears  necessary  to  attempt  in  this  respect  is, 
that  a  rule  should  be  laid  down  that  an  action  w  hich  would  be  criminal 
in  the  British  dominions  shall  be  equally  considered  as  criminal  in 
Turkey.  But  in  dealing  with  such  criminal  actions  regard  inust  be 
had  to  local  circumstances  and  necessities.  In  the  British  dominions, 
many  crimes,  unimportant  in  themselves,  must  be  dealt  with,  in  conse- 
quence of  the  denomination  by  which  they  are  distinguished,  in  the 
same  formal  manner  as  crimes  of  a  more  serious  description.  An 
insignificant  theft  must  in  most  cases  be  submitted  to  the  decision  of 
a  jury  equally  with  the  most  extensive  robbery.  But  this  rule  need 
not  be  adhered  to  in  the  Consular  Courts  in  Turkey.    There  all  crimes 


IX    THE    LEVANT    AND    TURKEY.  147 

of  a  trifling  kind,  under  whatever  legal  denomination  they  may  be 
classed,  may  safely  be  disposed  of  summarily  bythe  Consul,  and  suffi- 
ciently atoned  for  by  punishment  within  the  limits  prescribed  by  the 
Order  in  Council  for  the  sole  jurisdiction  of  the  Consul :  while  crimes 
of  a  more  serious  kind  must  be  reserved  for  adjudication  by  the 
Consul  in  a  tribunal  moi-e  formally  constituted  by  the  presence  of 
Assessors. 

But  in  order  to  provide  the  means  of  dealing  with  crimes  which  may 
be  too  serious  even  for  this  more  formal  tribunal  to  decide  upon,  the 
Island  of  Malta  has  been  appointed  as  the  place  of  trial  for  offences" 
committed  by  British  subjects  in  the  Ottoman  dominions. 

It  is  the  intention  of  Her  Majesty's  Government,  that  in  all  places 
where  two  or  more  Consular  Officers  are  residing,  the  senior  Consular 
Officer  shall  hold  the  Consular  Courts  established  by  the  present 
Order  in  Council,  unless  he  should  for  some  reasonable  cause  be 
temporarily  incapacitated  from  so  doing;  and  that  as  little  time  as 
circumstances  will  admit  should  in  all  cases  intervene  between  the 
apprehension  of  a  party  and  the  hearing  and  decision  of  the  charge 
brought  against  him. 

In  selecting  Assessors,  the  Consular  Officer  will  proceed  in  the  same 
manner  as  has  heretofore  been  practised  in  regard  to  the  selection  of 
Assessors  for  hearing  causes  not  of  a  criminal  nature.  Her  Majesty's 
Government  have  thought  it  is  not  necessary  to  impose  a  legal  obliga- 
tion upon  the  members  of  the  British  community  to  sit  as  Assessors 
when  summoned  by  the  Consular  Officer,  because  they  perfectly  rely 
upon  the  good  feeling  of  the  respectable  portion  of  the  British  commu- 
nity in  the  Levant  prompting  them  zealously  to  co-operate  with  Her 
Majesty's  servants,  in  carrying  out  a  system,  in  the  success  of  which 
it  is  so  deeply  interested,  and  which,  if  it  should  fail  of  execution, 
might  be  attended  with  very  serious  consequences  to  the  security  of 
the  persons  and  properties  of  British  subjects  in  general.  For  if  Her 
Majesty's  Government  are  obliged  to  abandon  any  attempt  to  place 
British  jurisdiction  in  Turkey  on  a  sound  footing,  the  Porte  may  rea- 
sonably require  that  a  jurisdiction  shall  be  renounced  which  is  not 
enforced,  but  the  nominal  existence  of  which  is  incompatible  with  the 
security  of  the  society  at  large. 

With  regard  to  the  question  of  sending  ci'iminals  to  Malta  for 
trial,  it  is  the  intention  of  Her  ISIajesty's  Government  that,  in  the  first 
instance  at  least,  that  course  should  only  be  taken  with  criminals 
charged  with  murder;  and  even  in  such  cases  the  depositions  taken 
by  the  Consuls  must  be  first  transmitted  to  the  Governor  of  Malta,  in 
order  that  he  may  ascertain  whether,  in  the  opinion  of  the  legal 
authorities  of  that  island,  there  is  a  reasonable  probability  of  obtaining 


I'iS  THE   CONSULAR    DUTIES 

a  conviction.  And  the  Consuls  must  further  bear  in  mind,  that  the 
personal  appearance  of  witnesses  for  the  prosecution  will  in  all  cases 
be  required  by  the  Court  of  Malta;  and  that,  therefore,  they  must 
arrange  with  witnesses  to  proceed  to  Malta,  on  payment  of  their 
expenses.  With  regard  to  evidence  for  the  defence  the  case  is 
different,  and  the  Consuls  will  pay  the  strictest  attention  to  the 
provision  of  the  fourth  section  of  the  Act  of  the  Gth  and  7th  Vict, 
cap.  94,  on  this  point. 

The  Consuls  will  keep  a  police  report  in  the  form  herewith  trans- 
mitted to  them,  and  will  deliver  to  the  Ambassador,  on  his  requisition, 
a  copy  of  the  whole,  or  any  portion  thereof:  and  on  the  31st  December 
of  each  year,  a  copy  of  the  proceedings  in  the  whole  year  must  be 
sent  to  the  Foreign  Office. 

In  all  cases  which  may  be  heard  and  determined  in  the  Consular 
Courts  under  the  present  Order,  the  Consular  Officer  is  solely  respon- 
sible; and  no  directions  from  Her  Majesty's  Representatives  at 
Constantinople  will  relieve  the  Consuls  from  any  share  of  this 
responsibility. 

Her  Majesty's  Consuls  will  forthwith  report  upon  the  means  at 
their  disposal  for  executing  sentences  of  imprisonment,  and  on  the 
practice  which  they  have  hitherto  observed  in  this  respect ;  and  in  the 
meanwhile  they  are  enjoined,  whenever  recourse  is  had  to  the  prisons 
of  the  country,  to  arrange  with  the  local  authorities,  that  any  British 
prisoner  who  may  be  confined  therein  may  be  visited  daily  by  any 
person  appointed  by  the  Consuls,  and,  if  necessary,  by  a  medical 
officer  deputed  for  that  purpose. 

Provision  has  been  made  in  the  Order  that  all  fines  shall  be 
appropriated  in  the  manner  directed  by  Her  Majesty's  Principal 
Secretary  of  State  for  Foreign  Affairs.  Her  Majesty's  Consuls  are 
accordingly  directed  to  retain  in  their  hands,  on  behalf  of  Her  Majesty's 
Government,  the  produce  of  all  fines,  and  to  render  an  account  on  the 
31st  of  December  of  each  year,  to  the  Secretary  of  State  for  Foreign 
Affairs,  of  the  amount  received  during  the  year,  and  of  the  total 
balance  in  their  hands  ;  upon  which  instructions  will  be  sent  to  them 
as  to  the  manner  in  which  the  money  is  to  be  appropriated. 

The  Order  in  Council  applies  to  British  subjects  only;  but  the 
Ionian  legislature  w  ill  be  moved  to  pass  a  corresponding  enactment ; 
and  in  the  meanwhile  the  Consuls  will  deal  with  Ionian  citizens  in  the 
same  manner  as  they  are  in  the  habit  of  dealing  with  British  subjects, 
except  in  so  far  as  regards  the  transfer  of  them  to  Malta  for  trial. 

The  Consuls  will  communicate  to  this  Department,  to  the  Governor 
of  Malta,  and  to  the  Lord  High  Commissioner  of  the  Ionian  Islands, 
a  copy  of  the  notification  to  be  exhibited  in  their  Consular  Offices 


IN   THE    LEVANT   AND    TURKEY.  149 

as  to  the  period  within  which  British  subjects  arriving  in  the  respective 
districts  shall  enroll  themselves.  The  principal  object  of  the  register 
being,  however,  to  facilitate  the  exercise  of  control  over  British 
subjects  of  bad  or  doubtful  character,  Her  Majesty's  Consuls  must 
carefully  avoid  exposing  respectable  parties  to  unnecessary  vexation 
in  this  respect :  and  Her  Majesty's  Consuls  will  moreover  insert  in 
the  register,  on  the  requisition  of  Her  Majesty's  Ambassador,  the 
names  of  any  British  svxbjects  not  previously  enrolled. 

(Signed)  Aberdeen. 


No.  III. 
Circular  to  Her  Majesty's  Consuls  in  Tzirkey. 

Foreign  Office,  July  3,  1844. 

Sir, — I  have  to  instruct  you  to  transmit  to  this  Office,  without  loss 
of  time,  a  return  showing  the  number  of  civil  suits  in  which  you  have 
been  called  to  adjudicate  in  the  first  instance  during  each  of  the  last 
three  years,  the  nature  of  each  suit,  your  decision,  and  whether  your 
decision  was  acquiesced  in  by  the  parties,  or  appealed  against.  Also 
a  return,  showing,  as  far  as  you  are  able  to  do  so,  the  number  of  civil 
suits  in  which  British  plaintiifs  residing  within  your  district  have, 
during  the  same  periods,  had  occasion  to  resort  to  the  Consular  Courts 
of  other  European  Powers. 

And  a  similar  return  of  cases  in  which  Turkish  parties,  plaintiffs  or 
defendants,  have  in  civil  suits  submitted  to  jurisdiction  of  your  Court. 

I  am,  etc., 
(Signed)  Aberdeen. 

P.S. — The  returns  are  to  be  made  according  to  the  enclosed  Form. 


150 


THE   CONSULAR   DUTIES 


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TIIF    C'ONSILAR    DITIES 

IT  i{  K  i;  Y. 


(MiTiLATioss  AND  Articles  ok  Peace  between  Great  Britain  and 
THE  Ottoman  Empire,  as  agreed  upon,  auomented,  and  altered 
at  different  Periods,  and  fin  ally  confirmed  dy  the  Treaty 
OF  Peace,  concluded   at  the   Dardanelles,   in    ISOy. 

"Sultan    Meiikmed,  m:iy  lie  live  firr  ever  ! 

"  '  Let  cverythiiii;  he  observed  in  conlormity  to  these  ("ipiiiiiiitions, 

and  contrary  thereto  let  nothing  be  done.' 

"  The  command  under  the  sublime  nnd  lofty  sij^iet,  which  imparts 
sublimity  to  every  place,  and  under  the  iinpi-rial  and  noble  Cypher, 
whose  s^'^ry  is  renowned  throuijhout  all  the  world,  by  the  Kmperor 
and  Conijueror  of  the  earth,  achieved  with  the  assistance  of  the  Omni- 
potent, and  by  the  special  grace  of  (Jod,  is  this  : 

"  We,  who  by  I)i\inc  prat-e,  assistance,  will,  and  benevolence,  now  are 
the  Kin;;  of  kinjjs  of  the  world,  the  I'rince  of  Kmj)erors  of  every 
a<;e,  the  Dispenser  of  Crowns  to  monarehs,  and  the  champion  Sultan 
Mehcmcd,  son  of  Sultan  Ibrahim  Chan,  son  of  Sultan  Ahmed  Chan, 
son  of  Saltan  Mahomet  Chan,  son  of  Sultan  MuradChan,  son  of  Selim 
Chan,  son  of  Sultan  Solyman  Chan,  son  of  Sultan  Selim  Chan. 

"  The  most  fjlorious  amongst  the  prejit  Princes  professing  the  faith 
of  Jesus,  and  the  most  conspicuous  amongst  the  Potentates  of  the 
nation  of  the  Me.-isiah,  and  the  umjMre  of  i)ul)lic  dilTerenees  that  exist 
between  Christian  nations,  clothed  with  the  mantle  of  magnificence 
and  majesty,  Charles  the  Second,  King  of  Kngland,  Scotland,  and 
France  and  Ireland  (whose  end  terminate  in  bliss!)  having  sent  an 
Ambassador  to  the  Sublime  Porte  in  the  time  of  our  grandfatluT, 
Sultan  Murad  (whose  tomb  be  ever  resplendent  I)  of  glorious  memory 
and  full  of  Divine  mercy  and  pity,  with  professions  of  friendship,  sin- 
cerity, devotion,  partiality,  and  benevolence,  and  demanding  that  His 
subjects  might  be  at  liberty  to  come  and  go  into  these  parts,  which 
permission  was  granted  to  them  in  the  reign  of  the  monarch  afore- 
said, in  addition  to  various  other  special  commands,  to  the  end  that 
on  coming  and  going,  either  by  land  or  sea,  in  their  way,  passage,  and 
lodging,  they  might  not  experience  any  molestation  or  himirance  from 
any  one. 

"  He  represented,  in  the  reign  of  our  grandfather.  Sultan  Mehemed 
Chan  (whose  tomb  be  ever  resplendent!)  to  our  just  and  overshadow- 
ing Porte,  Mis  cordial  esteem,  alliance,  sincere  friendship,  and  ])artia- 
lity  thereto  :  As  such  privilege,  therefore,  had  been  granted  to  the 
kings  and  soverei'/ns   of  France,  Venice,  and    Poland,  whn  profess  the 


I:- 


IX    THE    LKVAXT    AXD    TURKEY. 


153 


most  profound  devotion  for  our  most  eminent  throne,  and  to  othei-s 
between  whom  and  the  Sublime  Porte  there  exists  a  sincere  amity  and 
good  understanding;  so  was  the  same,  through  friendship,  in  like 
manner  granted  to  the  said  King ;  and  it  was  granted  Him  that  His 
subjects  and  their  interpreters  might  safely  and  securely  come  and 
trade  in  these  our  sacred  dominions. 

"The  Capitulations  of  sublime  diirnity  and  our  noble  commands 
having  been,  through  friendship,  thus  granted  to  the  Kings  aforesaid, 
and  the  Queen  of  the  abovementioned  Kingdoms  having  heretofore 
also  sent  a  noble  personage  with  presents  to  this  victorious  Porte, 
which  is  the  refuge  and  retreat  of  the  Kings  of  the  world,  the  most 
exalted  place,  and  the  asylum  of  the  Emperors  of  the  tmiverse  (which 
gifts  were  graciously  accepted),  and  She  having  earnestly  implored  the 
privilege  in  question.  Her  entreaties  were  acceded  to,  and  these  our 
high  commands  conceded  to  Her. 

"  1st.  That  the  English  nation  and  merchants,  and  all  other  mer- 
chants sailing  under  the  English  flag,  \\itli  their  ships  and  vessels,  and 
merchandise  of  all  descriptions,  shall  and  may  pass  safely  by  sea,  and 
go  and  come  into  our  dominions  without  any  the  least  prejudice  or 
molestation  being  given  to  their  persons,  property,  or  elVects,  by  any 
person  whatsoever,  but  that  they  shall  be  left  in  the  undisturbed  en- 
joyment of  their  privileges,  and  be  at  liberty  to  attend  to  their  affairs. 

"2nd.  That  if  any  of  the  English  coming  into  our  dominions  by 
land,  be  molested  or  detained,  such  persons  shall  be  instantly  released 
wiihout  any  further  obstruction  being  given  to  them. 

"  ."{rd.  That  English  ships  and  vessels  entering  the  ports  and  har- 
bours of  our  dominions  shall  and  may  at  all  times  safely  and  securely 
abide  and  remain  therein,  and  at  their  free  will  and  pleasure  dep.art 
therefrom,  without  any  opposition  or  hindrance  from  any  one. 

"  1th.  That  if  it  .shall  happen  that  any  of  their  ships  sufTer  by  stress 
of  w  eather,  and  not  be  provided  with  necessary  stores  aiid  requisites, 
they  shall  be  assisted  by  all  who  happen  to  be  present,  whether  the 
crews  of  our  imperial  ships,  or  others,  both  by  sea  and  land. 

"  5th.  That  being  come  into  the  ports  and  harbours  of  our  dominions 
they  shall  and  may  be  at  liberty  to  purchase  at  their  pleasure,  with 
their  own  money,  provisions  and  all  other  necessary  articles,  and  to 
provide  themselves  with  water,  withotit  interruption  or  hindrance 
from  any  one. 

"  6th.  That  if  any  of  their  ships  be  wrecked  upon  any  of  the  cqasts 
of  our  dominions,  all  Beys,  Cadis,  Governors,  Commandants,  and 
others  our  servants,  who  may  be  near  or  present,  shall  give  them  all 
help,  protection,  and  assistance,  and  restore  to  them  whatsoever  goods 
and  effects  may  be   driven  ashore ;  and   in  the  event  of  any  plunder 


154  THE   CONSULAR   DUTIES 

being  committed,  they  shall  make  diligent  search  and  inquiry  to  find 
out  the  property,  which,  when  recovered,  shall  be  wholly  restored 
to  them. 

"  7th.  That  the  merchants,  interpreters,  brokers,  and  others  of  the 
said  nation,  shall  and  may,  both  by  sea  and  land,  come  into  our  domi- 
nions, and  there  trade  with  the  most  perfect  security  ;  and  in  coming 
and  going,  neither  they  nor  their  attendants  shall  receive  any  the  least 
obstruction,  molestation,  or  injury,  either  in  their  persons  or  property, 
from  the  Beys,  Cadis,  sea-captains,  soldiers,  and  others,  our  slaves. 

"  8th.  That,  if  an  Englishman,  either  for  his  own  debt,  or  as  surety 
for  another,  shall  abscond,  or  become  bankrupt,  the  debt  shall  be  de- 
manded from  the  real  debtor  only ;  and  unless  the  creditor  be  in  pos- 
session of  some  seciu-ity  given  by  another,  such  person  shall  not  be 
arrested,  nor  the  payment  of  such  debt  be  demanded  of  him. 

"  9th.  That  in  all  transactions,  matters  and  business  occurring  be- 
tween the  English,  and  merchants  of  the  countries  to  them  subject, 
their  attendants,  interpreters,  and  brokers,  and  other  persons  in  our 
dominions,  with  regard  to  sales  and  purchases,  credits,  traffic,  or 
security,  and  all  other  legal  matters,  they  shall  be  at  liberty  to  repair 
to  the  judge,  and  there  make  a  hoget,  or  public  authentic  act,  with 
witness,  and  register  the  suit,  to  the  end  that  if  in  future  any  difference 
or  dispute  shall  arise,  they  may  both  observe  the  said  register  and 
hoget ;  and  when  the  suit  shall  be  found  conformable  thereto,  it  shall 
be  observed  accordingly.  Should  no  such  hoget,  however,  have  been 
obtained  from  the  judge,  and  false  witnesses  only  are  produced,  their 
suit  shall  not  be  listened  to,  but  justice  be  always  administered  accord- 
ing to  the  legal  hoget. 

"  10th.  That  if  any  shall  calumniate  an  Englishman,  by  asserting 
that  he  hath  been  injured  by  him,  and  producing  false  witnesses  against 
him,  our  judges  shall  not  give  ear  to  them,  but  the  cause  shall  be 
referred  to  his  Ambassador,  in  order  to  his  deciding  the  same,  and  that 
he  may  always  have  recourse  to  his  protection. 

"11th.  That  if  an  Englishman  having  committed  an  offence,  shall 
make  his  escape,  no  other  Englishman,  not  being  security  for  him, 
shall  under  such  pretext,  be  taken  or  molested. 

"  12th.  That  if  an  Englishman,  or  subject  of  England,  be  found  to  be 
a  slave  in  our  states,  and  be  demanded  by  the  English  Ambassador 
or  Consul,  due  inquiry  and  examination  shall  be  made  into  the  causes 
thereof,  and  such  person  being  found  to  be  English,  shall  be  imme- 
diately released,  and  delivered  up  to  the  Ambassador  or  Consul. 

"  13th.  That  all  Englishmen  and  subjects  of  England,  who  shall 
dwell  or  reside  in  our  dominions,  whether  they  be  married  or  single, 
artisans  or  merchants,  shall  be  exempt  from  all  tribute. 


IN   THE    LEVANT    AND    TURKEY.  155 

"  14th.  That  the  English  Ambassadors  shall  and  may,  at  their  plea- 
sure, establish  Consuls  in  the  ports  of  Aleppo,  Alexandria,  Tripoli, 
Barbary,  Tunis,  Tripoli  of  Syria  and  Barbary,  Scio,  Smyrna,  and 
Egypt,  and  in  like  manner  remove  them,  and  appoint  others  in  their 
stead,  without  any  one  opposing  them. 

"  15th.  That  in  all  litigations  occurring  between  the  English,  or 
subjects  of  England,  and  any  other  person,  the  judges  shall  not  pro- 
ceed to  hear  the  cause  without  the  presence  of  an  interpreter,  or  one 
of  his  deputies. 

"  16th.  That  if  there  happen  any  suit,  or  other  difference  or  dispute 
amongst  the  English  themselves,  the  decision  thereof  shall  be  left  to 
their  own  Ambassador  or  Consul,  according  to  their  custom,  without 
the  judge  or  other  governors  or  slaves  intermeddling  therein. 

"  17th.  That  our  ships  and  galleys,  and  all  other  vessels,  which  may 
fall  in  with  any  English  ships  in  the  seas  of  our  dominions,  shall  not 
give  them  any  molestation,  nor  detain  them  by  demanding  anything, 
but  shall  show  good  and  mutual  friendship  the  one  to  the  other,  with- 
out occasioning  them  any  prejudice. 

"  18th.  That  all  the  Capittdations,  privileges,  and  articles,  granted 
to  the  French,  Venetian,  and  other  Princes,  who  are  in  amity  with  the 
Sublime  Porte,  having  been  in  like  manner  through  favour  granted  to 
the  English,  by  virtue  of  our  special  command,  the  same  shall  be 
always  observed,  according  to  the  form  and  tenour  thereof,  so  that,  no 
one  in  future  do  presume  to  violate  the  same,  or  act  in  contravention 
thereof. 

"  19th.  That  if  the  corsairs  or  galliots  of  the  Levant  shall  be  found 
to  have  taken  any  English  vessels,  or  robbed  or  plundered  them  of 
their  goods  and  effects  ;  also,  if  any  one  shall  have  forcibly  taken  any- 
thing from  the  English,  all  possible  diligence  and  exertion  shall  be 
used  and  employed  for  the  discovery  of  the  property,  and  inflicting 
condign  punishment  on  those  who  may  have  committed  such  depreda- 
tions ;  and  their  ships,  goods,  and  effects  shall  be  restored  to  them 
without  delay  or  intrigue. 

"  20th.  That  all  our  Beglerbeys,  imperial  and  private  captains,  govei'- 
nors,  commandants,  and  other  administrators,  shall  always  strictly 
observe  the  tenour  of  these  Imperial  Capitulations,  and  respect  the 
friendship  and  correspondence  established  on  both  sides,  every  one  in 
particular  taking  special  care  not  to  let  anything  be  done  contrary 
thereto ;  and  as  long  as  the  said  Monarch  shall  continue  to  evince 
true  and  sincere  friendship  by  a  strict  observance  of  the  Articles  and 
Conditions  herein  stipulated,  these  Articles  and  Conditions  of  peace 
and  friendship  shall,  in  like  manner,  be  observed  and  kept  on  our  part. 
To  the  end  therefore,  that  no  act  might  be  committed  in  contraven- 


156  THE    CONSULAR    DUTIES 

tion  thereof,  certain  clear  and  distinct  Capitulations  were  conceded  in 
the  reign  of  our  late  grandfather  of  happy  memory  (whose  tomb  be 
ever  resplendent !). 

"  Since  which,  in  the  time  of  our  said  grandfather,  of  happy  memory, 
Sultan  Ahmed,  (whose  tomb  be  blessed!)  James,  King  of  England, 
sent  an  Ambassador  with  letters  and  presents  (which  were  accepted), 
and  requested  that  the  friendship  and  good  understanding  which 
existed  between  him  and  the  Porte  in  the  days  of  our  grandfather,  of 
happy  memory,  as  also  the  stipulations  and  conditions  of  the  august 
Capitulations  mi^ht  be  ratified  and  confirmed,  and  certain  Articles 
added  thereto  ;  which  request  being  represented  to  the  imperial  throne, 
express  commands  were  given  that,  in  consideration  of  the  existing 
friendship  and  good  understanding,  and  m  conformity  to  the  Capitu- 
lations conceded  to  other  Princes  in  amity  with  the  Sublime  Porte, 
the  articles  and  stipulations  of  the  sacred  Capitulations  should  be  re- 
newed and  confirmed,  and  the  tenour  thereof  be  for  ever  observed ;  and 
amongst  the  articles  added  to  the  Capitulations  conceded  by  the  com- 
mand aforesaid,  at  the  request  of  the  said  King,  were  the  following  : 

"  21st.  That  duties  shall  not  be  demanded  or  taken  of  the  English, 
or  the  merchants  sailing  under  the  flag  of  that  nation,  on  any  piastres 
and  sequins  they  may  import  into  our  sacred  dominions,  or  on  those 
they  may  transport  to  any  other  place. 

",22nd.  That  our  Beglerbeys,  Judges,  Defterdars,  and  Masters  of 
the  Mint,  shall  not  interpose  any  hindrance  or  obstacle  thereto,  by 
demanding  either  dollars  or  sequins  from  them,  under  the  pretence  of 
having  them  recoined  and  exchanged  into  other  money,  nor  shall  give 
them  any  molestation  or  trouble  whatever  with  regard  thereto. 

"  23rd.  That  the  English  nation,  and  all  ships  belonging  to  places 
siibject  thereto,  shall  and  may  buy,  sell,  and  trade  in  our  sacred  domi- 
nions, and  (except  arms,  gunpowder,  and  other  prohibited  commodities) 
load  and  transport  in  their  ships  every  kind  of  merchandise,  at  their 
own  pleasure,  withoiit  experiencing  any  the  least  obstacle  or  hindrance 
from  any  one  ;  and  their  ships  and  vessels  shall  and  may  at  all  times 
safely  and  securely  come,  abide,  and  trade  in  the  ports  and  harbours 
of  our  sacred  Dominions,  and  with  their  own  money  buy  provisions 
and  take  in  water  without  any  hindrance  or  molestation  from  any  one. 

"  24th.  That  if  an  Englishman,  or  other  subject  of  that  nation, 
shall  be  involved  in  any  lawsuit,  or  any  other  affair  connected  with 
the  law,  the  judge  shall  not  hear  nor  decide  thereon  until  the  Ambas- 
sador, Consul,  or  Interpreter  shall  be  present ;  and  all  suits  exceeding 
the  value  of  4,000  aspers  shall  be  heard  at  the  Sublime  Porte,  and 
nowhere  else. 

"  25th.  That  the  Consuls  appointed  by  the  English  Ambassador  in 


IN    THE    LEVANT    AND    TURKEY.  157 

our  sacred  Dominions  for  the  protection  of  tlieir  merchants  shall  never, 
under  any  pretence,  be  imprisoned,  nor  their  houses  sealed  up,  nor 
themselves  sent  away;  but  all  suits  or  differences  in  which  they  may 
be  involved  shall  be  represented  to  our  Sublime  Porte,  where  their 
Ambassadors  Avill  answer  for  them. 

"26th.  That  in  case  any  Englishman,  or  other  person  subject  to 
that  nation,  or  navigating  under  its  tiag,  should  happen  to  die  in  our 
sacred  dominions,  our  fiscal  and  other  officers  shall  not,  upon  pretence 
of  its  not  being  known  to  whom  the  property  belongs,  interpose  any 
opposition  or  violence,  by  taking  or  seizing  the  effects  that  may  be  found 
at  his  death,  but  they  shall  be  delivered  up  to  such  Englishman,  who- 
ever he  may  be,  to  whom  the  deceased  may  have  left  them  by  his  will ; 
and  should  he  have  died  intestate,  then  the  property  shall  be  delivered 
up  to  the  English  Consul  or  his  representative  who  may  be  there 
present;  and  in  case  there  be  no  Consul  or  Consular  representative, 
they  shall  be  sequestered  by  the  judge,  in  order  to  his  delivering  up 
the  whole  thereof  whenever  any  ship  shall  be  sent  by  the  Ambassador 
to  receive  the  same. 

"  27th.  That  all  the  privileges  and  other  liberties  already  conceded, 
or  hereafter  to  be  conceded  to  the  English,  and  other  subjects  of  that 
nation  sailing  under  their  flag,  by  divers  imperial  commands,  shall  be 
always  obeyed,  and  observed,  and  interpreted  in  their  favoiir,  according 
to  the  tenour  and  true  intent  and  meaning  thereof;  neither  shall  any 
fees  be  demanded  by  the  fiscal  officers  and  judges  in  the  distribution 
of  their  property  and  effects. 

"  28th.  That  the  Ambassadors  and  Consuls  shall  and  may  take  into 
their  service  any  janizary  or  interpreter  they  please,  without  any 
other  janizary  or  other  of  our  slaves,  intruding  themselves  into  their 
service  against  their  will  and  consent. 

"  29th.  That  no  obstruction  or  hindrance  shall  be  given  to  the 
Ambassadors,  Consuls,  and  other  Englishmen,  who  may  be  desirous 
of  making  wine  in  their  own  houses,  for  the  consumption  of  them- 
selves and  families ;  neither  shall  the  janizaries,  our  slaves,  or  others, 
presume  to  demand  or  exact  anything  from  them,  or  do  them  any 
injustice  or  injury. 

"  30th.  That  the  English  merchants,  having  once  paid  the  customs 
at  Constantinople,  Aleppo,  Alexandria,  Scio,  Smyrna,  and  other  ports 
of  our  sacred  Dominions,  not  an  asper  more  shall  be  taken  or  demanded 
from  them  at  any  other  place,  nor  shall  any  obstacle  be  interposed  to 
the  exit  of  their  merchandise. 

"31st.  That  having  landed  the  merchandise  imported  by  their  ships 
into  our  sacred  Dominions,  and  paid  in  any  port  the  customs  thereon, 
and  being  obliged,  from  the  impossibility  of  selling  the  same  there,  to 


158  THE   CONSULAR   DUTIES 

transport  them  to  another  port,  the  commandants  or  governors  shall 
not,  on  the  landing  of  such  merchandise,  exact  from  them  any  new 
custom  or  duty  thereon,  but  shall  suffer  them  freely  and  unrestrictedly 
to  trade,  without  any  molestation  or  obstruction  whatsoever. 

"  32nd.  That  no  excise  or  duty  on  animal  food,  shall  be  demanded 
of  the  English,  or  any  subjects  of  that  nation. 

"  33rd.  That  differences  and  disputes  having  heretofore  arisen  be- 
tween the  Ambassadors  of  the  Queen  of  England  and  King  of  France, 
touching  the  affair  of  the  Flemish  merchants,  and  both  of  them  having 
presented  memorials  at  our  Imperial  stirrup,  praying  that  such  of 
the  said  merchants  as  should  come  into  our  sacred  Dominions  might 
navigate  under  their  flag,  hattisheriffs  were  granted  to  both  parties  ; 
but  the  Captain  Pacha,  Siran,  the  son  of  Cigala,  now  deceased,  who 
was  formerly  Vizier,  and  well  versed  in  maritime  affairs,  having  repre- 
sented that  it  was  expedient  that  such  privilege  should  be  granted  to 
the  Queen  of  England,  and  that  the  Flemish  merchants  should  place 
themselves  under  her  flag,  as  also  the  merchants  of  the  four  provinces 
of  Holland,  Zealand,  Friesland,  and  Guelderland,  and  all  the  other 
Viziers  being  likewise  of  opinion  that  they  should  all  navigate  under 
the  Queen's  flag,  and,  like  all  the  other  English,  pay  the  Consulage  and 
other  duties,  as  well  on  their  own  merchandise  as  on  those  of  others 
loaded  by  them  in  their  ships,  to  the  Queen's  Ambassadors  or  Consuls; 
it  was  by  express  order  and  imperial  authority,  accordingly  commanded, 
that  the  French  Ambassador  or  Consul  should  never  hereafter  oppose 
or  intermeddle  herein,  but  in  future  act  conformably  to  the  tenour  of 
the  present  Capitulation. 

"  After  which,  another  Ambassador  arrived  from  the  said  Queen, 
with  the  gifts  and  presents  sent  by  Her,  which  being  graciously 
accepted,  the  said  Ambassador  represented  that  the  Queen  desired 
that  certain  other  privileges  might  be  added  to  the  Imperial  Capitu- 
lations, whereof  he  furnished  a  list ;  one  of  which  was,  that  certain 
Capitulations  having  been  granted  in  the  days  of  our  grandfather,  of 
happy  memory  (whose  tomb  be  ever  blessed!)  to  the  end  that  the 
merchants  of  Spain,  Portugal,  Ancona,  Sicily,  Florence,  Catalonia, 
Flanders,  and  all  other  merchant-strangers,  might  come  and  go  to  our 
sacred  Dominions  and  manage  their  trade,  it  was  stipulated,  in  such 
Capitulations,  that  they  should  be  at  liberty  to  appoint  Consuls  ;  but 
each  nation  being  unable  to  defray  the  charge  and  maintenance  of  a 
Consul,  they  were  left  at  liberty  to  place  themselves  under  the  flag  of 
any  of  the  Kings  in  peace  and  amity  with  the  Sublime  Porte,  and  to 
have  recourse  to  the  protection  of  any  of  their  Consuls,  touching  which 
privilege  divers  commands  and  Capitulations  were  repeatedly  granted, 
and  the  said  merchants,  having  by  virtue  thereof,  chosen  to  navigate 


IN   THE   LEVANT   AND   TURKEY.  159 

under  the  English  flag,  and  to  have  recourse  in  our  harbours  to  the 
protection  of  the  English  Consuls,  the  French  Ambassadors  contended 
that  the  said  merchant-strangers  were  entitled  to  the  privilege  of  their 
Capitulations,  and  forced  them  to  have  recourse  in  all  ports  to  their 
Consuls,  which  being  represented  by  the  said  nations  to  our  august 
Tribunal,  and  their  cause  duly  heard  and  decided,  they  were  for  a 
second  time,  left  to  their  free  choice,  when  again  having  recourse  to 
the  protection  of  the  English  Ambassadors  and  Consuls,  they  were 
continually  molested  and  opposed  by  the  French  Ambassadors,  which 
being  represented  by  the  English,  with  a  request  that  we  would  not 
accept  the  articles  added  to  the  French  Capitulations  respecting  the 
nations  of  merchant-strangers,  but  that  it  should  be  again  inserted  in 
the  Capitulations,  that  the  said  nations  should,  in  the  manner  pre- 
scribed, have  recourse  to  the  protection  of  the  English  Consuls,  and 
that  hereafter  they  should  never  be  vexed  or  molested  by  the  French 
on  this  point ;  it  was  by  the  Imperial  authority  accordingly  com- 
manded, that  the  merchants  of  the  countries  aforesaid  should,  in  the 
manner  prescribed,  have  recourse  to  the  protection  of  the  English 
Ambassadors  and  Consuls,  conformably  to  the  Imperial  commands  to 
them  conceded,  and  which  particular  was  again  registered  in  the 
Imperial  Capitulations,  viz.,  that  there  should  never  be  issued  any 
commands,  contrary  to  the  tenour  of  these  Capitulations,  which  might 
tend  to  the  prejudice  or  breach  of  our  sincere  friendship  and  good 
understanding ;  but  that  on  such  occasions  the  cause  thereof  should 
first  be  certified  to  the  Ambassador  of  England  residing  at  our  Sublime 
Porte,  in  order  to  his  answering  and  objecting  to  anything  that  might 
tend  to  a  breach  of  the  articles  of  peace. 

"  34th.  That  the  English  merchants  and  other  subjects  of  that  nation, 
shall  and  may,  according  to  their  condition,  trade  at  Aleppo,  Egypt, 
and  other  ports  of  our  sacred  Dominions,  on  paying  (according  to  the 
ancient  custom)  a  duty  of  three  per  cent,  on  all  their  merchandise, 
without  being  bo^^nd  to  the  disbursement  of  an  asper  more. 

"  35th.  That  in  addition  to  the  duty  hitherto  uniformly  exacted  on  aU 
merchandise,  laden,  imported,  and  transported  in  English  ships,  they 
shall  also  pay  the  whole  of  the  Consulage  to  the  English  Ambassadors 
and  Consuls. 

"  3Gth.  That  the  English  merchants,  and  all  others  sailing  under  their 
flag,  shall  and  may  unrestrictedly,  trade  and  purchase  all  sorts  of 
merchandise  (prohibited  commodities  alone  excepted),  and  convey 
them  either  by  land  or  sea,  or  by  the  way  of  the  river  Tanais,  to  the 
countries  of  Muscovy  or  Russia,  and  bring  back  from  thence  other 
merchandise  into  our  sacred  Dominions  for  the  purposes  of  traffic,  and 
also  transport  others  to  Persia  and  other  conquered  countries. 


160  THE    CONSULAR    DUTIES 

''  3"tli.  That  sucli  Customs  only  shall  be  demanded  on  the  said  goods 
in  the  conquered  countries  as  have  always  been  received  there,  without 
anything  more  being  exacted. 

"  oSth.  That  should  the  ships  bound  for  Constantinople  be  forced  by 
contrary  winds  to  put  into  CaflFa,  or  any  other  place  of  those  parts, 
and  not  be  disposed  to  buy  or  sell  anything,  no  one  shall  presume 
forcibly  to  take  out  or  seize  any  part  of  their  merchandise,  or  give  to 
the  ships  or  crews  any  molestation,  or  obstruct  the  vessels  that  are 
bound  to  those  ports ;  but  our  governors  shall  always  protect  and 
defend  them,  and  all  their  crews,  goods,  and  elfects,  and  not  permit 
any  damage  or  injui-y  to  be  done  to  them  ;  and  should  they  be  desir- 
oiis  of  purchasing,  with  their  ovnn.  money,  any  provisions  in  the  places 
where  they  may  happen  to  be,  or  of  hiring  any  carts  or  vessels  (not 
before  hired  for  others)  for  the  transportation  of  their  goods,  no  one 
shall  hinder  or  obstruct  them  therein. 

"  39th.  That  Customs  shall  not  be  demanded  or  taken  on  the  mer- 
chandise brought  by  them  in  their  ships  to  Constantinople,  or  any 
other  port  of  our  sacred  Dominions,  which  they  shall  not,  of  their  own 
free  will,  land  with  a  view  to  sale. 

"  40th.  That  on  their  ships  arrinng  at  any  port,  and  landing  their 
goods  and  merchandises,  they  shall  and  may,  after  having  paid  their 
duties,  safely  and  securely  depart,  without  experiencing  any  molesta- 
tion or  obstruction  from  any  one. 

"41st.  That  English  ships  coming  into  our  sacred  Dominions,  and 
touching  at  the  ports  of  Barbary  and  of  the  Western  Coast,  used  often- 
times to  take  on  board  pilgrims  and  other  Turkish  passengers,  with 
the  intention  of  landing  them  at  Alexandria,  and  other  ports  of  our 
sacred  dominions ;  on  their  arrival  at  Avhich  ports  the  commandants 
and  governors  demanded  of  them  Customs  on  the  whole  of  their  goods 
before  they  were  landed,  by  reason  of  which  outrage  they  have  for- 
borne receiving  on  board  any  more  pilgrims ;  the  more  so,  as  they 
were  forced  to  take  out  of  the  ships  that  bound  to  Constantinople 
the  merchandise  destined  for  other  places,  besides  exacting  the  duties 
on  those  that  were  not  landed  :  all  English  ships,  therefore,  bound  to 
Constantinople,  Alexandria,  Tripoli  of  Syria,  Scanderoon,  or  other 
ports  of  our  sacred  Dominions,  shall,  in  future,  be  bound  to  pay  duties, 
according  to  custom,  on  such  goods  only  as  they  shall,  of  their  own 
free  will,  land  with  a  -view  to  sale  ;  and  for  such  merchandise  as  they 
shall  not  discharge,  no  custom  or  dvity  shall  be  demanded  of  them, 
neither  shall  the  least  molestation  or  hindrance  be  given  to  them,  but 
they  shall  and  may  freely  transport  them  wherever  they  please. 

"42nd.  That  in  case  any  Englishman,  or  other  person  navigating, 
under  their  flag,  should  happen  to  commit  manslaughter,  or  any  other 


IN   THE   LEVANT   AND   TURKEY.  161 

crime,  or  be  thereby  involved  in  a  lawsuit,  the  governors  in  our  sacred 
Dominions  shall  not  proceed  to  the  cause  until  the  Ambassador  or 
Consul  shall  be  present,  but  they  shall  hear  and  decide  it  together, 
without  their  presuming  to  give  them  any  the  least  molestation,  by 
hearing  it  alone,  contrary  to  the  holy  law  and  these  Capitulations. 

"43rd.  That  notwithstanding  it  is  stipulated  by  the  Imperial  Capitu- 
lations that  the  merchandise  laden  on  board  all  English  ships  proceed- 
ing to  our  sacred  Dominions  shall  moreover  pay  Consulage  to  the 
Ambassador  or  Consul,  for  those  goods  on  which  customs  are  pay- 
able, certain  Mahometan  merchants,  Sciotes,  Franks,  and  ill-disposed 
persons  object  to  the  payment  thereof;  wherefore  it  is  hereby  com- 
manded that  all  the  merchandise,  unto  whomsoever  belonging,  which 
shall  be  laden  on  board  their  ships,  and  have  been  used  to  pay  custom, 
shall,  in  future,  pay  the  Consulage,  without  any  resistance  or  opposi- 
tion, 

"  44th.  That  the  English,  and  other  merchants  navigating  under  their 
flag,  who  trade  to  Aleppo,  shall  pay  such  customs  and  other  duties  on 
the  silks  brought  and  laden  by  them  on  board  their  ships,  as  are  paid 
by  the  French  and  Venetians,  and  not  one  asper  more. 

"4.5th.  That  the  Ambassadors  of  the  King  of  England,  residing  at  the 
Sublime  Porte,  being  the  representatives  of  His  Majesty  and  the 
interpreters,  the  representatives  of  the  Ambassadors  for  such  matters, 
therefore,  as  the  latter  shall  translate  or  speak,  or  for  whatever  sealed 
letter  or  memorial  they  may  convey  to  any  place  in  the  name  of  their 
Ambassador,  it  being  found  that  that  which  they  have  interpreted  or 
translated  is  a  true  interpretation  of  the  words  and  answers  of  the 
Ambassador  or  Consul,  they  shall  be  always  free  from  all  imputation 
of  fault  or  punishment ;  and  in  case  they  shall  commit  any  oftence, 
our  judges  and  governors  shall  not  reprove,  beat,  or  put  any  of  the 
said  interpreters  in  prison,  without  the  knowledge  of  the  Ambassador 
or  Consul. 

"  46th.  That  in  case  any  of  the  interpreters  shall  happen  to  die,  if 
he  be  an  Englishman  proceeding  from  England,  all  his  effects  shall  be 
taken  possession  of  by  the  Ambassador  or  Consul ;  but  should  he  be 
a  subject  of  our  Dominions,  they  shall  be  delivered  up  to  his  next  heir, 
and  having  no  heir  they  shall  be  confiscated  by  our  fiscal  officers. 

"  And  it  was  expressly  commanded  and  ordained,  that  the  above- 
mentioned  articles  and  privileges  should,  in  future,  be  strictly  observed 
and  performed,  according  to  the  form  and  tenour  thereof." 

"  Since  which  time  an  Ambassador  from  the  King  of  England  came 
to  the  Sublime  Porte,  and  represented  that  laws  had  been  oftentimes 
promulgated  contrary  to  the  tenour  of  the  Sacred  Capitulations,  which 
being  produced  without  their  knowledge  to  our  judges,  and  the  dates 


162  THE   CONSULAR   DUTIES 

of  sucli  laws  being  posterior  to  those  of  our  Capitulations,  the  latter 
could  not  be  carried  into  execution  ;  his  sovereign,  therefore,  wished 
that  such  laws  might  not  be  executed,  but  that  the  Imperial  Capitula- 
tions should  be  always  observed  and  maintained  according  to  the  form 
and  tenour  thereof:  all  which  being  represented  to  the  Imperial  throne, 
such  requests  were  acceded  to.  And  conformably  thereto,  it  was 
expressly  ordained  and  commanded,  that  all  such  laws  as  already  had 
been,  or  should  thereafter  be,  promulgated  contrary  to  the  tenour  of 
these  Imperial  Capitulations,  should,  when  pleaded  or  quoted  before 
our  judges,  never  be  admitted,  or  carried  into  execution;  but  that  the 
said  judges  should  ever  obey  and  observe  the  tenour  of  these  Imperial 
Capitulations.  In  the  time  of  our  glorious  forefathers,  and  most 
august  predecessors,  of  happy  memory,  therefore,  clear  and  distinct 
Capitulations  were  granted,  which  annulled  such  laws,  and  directed 
them  to  be  taken  from  those  who  produced  them. 

"  After  which.  Sultan  Osman  Chan,  having  ascended  the  Imperial 
Throne,  the  King  of  England  sent  another  Ambassador,  with  letters 
and  presents,  which  were  graciously  accepted,  requesting  that  the 
Imperial  Capitulations,  granted  in  splendid  and  happy  times,  by  the 
singular  justice  of  our  glorious  forefathers,  and  by  them  confirmed  and 
granted,  might  be  renewed. 

"  And  some  time  after  his  august  coronation,  the  King  of  England 
again  sent  unto  this  Sublime  Porte  one  of  his  most  distinguished  and 
wise  personages  as  his  Ambassador,  with  a  letter  and  presents,  which 
were  graciously  accepted,  professing  and  demonstrating  the  most 
sincere  friendship  for  the  said  Porte  ;  and  the  said  Ambassador  having 
desired,  on  the  part  of  the  King,  that  the  Capitulations,  granted  in  the 
happy  time  of  our  glorious  forefathers  and  august  predecessors,  as 
also  those  granted  by  the  aforesaid  Sultan,  might  be  renewed  and 
confirmed,  and  certain  important  and  necessary  articles  added  to  the 
Imperial  Capitulations,  and  that  others  already  granted  might  be 
amended  and  more  clearly  expressed ;  such,  his  request,  was  acceded 
to,  and  the  Imperial  Capitulations  granted  in  the  time  of  our  most 
glorious  and  august  forefathers  Avere  confirmed,  the  articles  and  stipu- 
lations renewed,  and  the  conditions  and  conventions  observed.  Where- 
upon express  commands  were  given  thai  the  tenour  of  the  Sacred 
Capitulations  should  be  strictly  performed,  and  that  no  one  should 
presume  to  contravene  the  same.  And  the  said  Ambassador,  having 
represented  and  notified  to  the  Sublime  Throne  that  governors  and 
commandants  of  many  places  had,  contrary  to  the  tenour  of  the 
Imperial  Capitulations,  molested  and  vexed  with  various  inventions 
and  innovations  the  English  and  other  merchants,  subjects  of  that 
nation  trading  to  these  our  sacred  Dominions,  and  desired  that  they 


IN   THE   LEVANT   AND   TURKEY.  163 

might  be  proWbited  from  so  doing,  and  some  new  articles  be  added 
to  the  Imperial  Capitulations.  An  Imperial  order  was  accordingly 
granted,  whereby  it  was  expressly  commanded  that  the  articles  newly 
added  should  be  for  ever  strictly  executed,  without  any  one  ever  pre- 
suming to  violate  the  same. 

"  47th.  That  whereas  the  corsairs  of  Tunis  and  Barbary  having,  con- 
trary to  the  tenour  of  the  Capitulations  and  our  Imperial  Licence, 
molested  the  merchants  and  other  subjects  of  the  King  of  England,  as 
also  those  of  other  kings  in  amity  with  the  Sublime  Porte,  and  plun<.' 
dered  and  pillaged  their  goods  and  property,  it  was  expressly  ordained 
and  commanded,  that  the  goods  so  plundered  should  be  restored,  and 
the  captives  released  ;  and  that  if  after  such  commands  the  Tunisians 
and  Algerines  should,  contrary  to  the  tenour  of  our  Capitulations, 
again  molest  the  said  merchants,  and  pillage  their  goods  and  property, 
and  not  restore  the  same,  but  convey  them  to  the  countries  and  ports 
of  our  sacred  Dominions,  and  especially  to  Tunis,  Barbary,  Alodon,  or 
Coron,  the  Beglerbeys,  governors,  and  commandants  of  such  places, 
shoidd,  in  future,  banish  and  punish  them,  and  not  permit  them  to  sell 
the  same. 

"  48tb.  That  it  is  written  and  registered  in  the  Capitulations  that  the 
governors  and  officers  of  Aleppo,  and  other  ports  of  our  sacred  Domi- 
nions, should  not,  contrary  to  the  tenour  of  these  said  Capitidations, 
forcibly  take  from  the  English  merchants  any  money  for  their  silk, 
under  the  pretence  of  custom  or  other  duty,  but  that  the  said  mer- 
chants should  pay  for  the  silk  by  them  purchased  at  Aleppo,  the  same 
as  the  French  and  Venetians  do,  and  no  more.  Notwithstanding 
which  the  commandants  of  Aleppo  have,  under  colour  of  custom  and 
duty,  demanded  two  and  a  half  per  cent,  for  their  silk,  and  thereby 
taken  their  money  :  wherefore  we  command  that  this  matter  be  inves- 
tigated and  inquired  into,  in  order  that  such  money  may  be  refunded  to 
them  by  those  who  have  taken  the  same  ;  and,  for  the  future,  the  duty 
exacted  from  them  shall  be  according  to  ancient  custom,  and  as  the 
Venetians  and  French  were  accustomed  to  pay,  so  that  not  a  single 
asper  more  be  taken  by  any  new  imposition. 

"  49th.  That  the  merchants  of  the  aforesaid  nation  resident  at  Galata 
buy  and  receive  divers  goods,  wares,  and  merchandises,  and  after 
having  paid  to  our  customs  the  duties  thereon,  and  received  a  tescare, 
ascertaining  their  having  paid  the  same,  preparatory  to  loading 
such  goods  in  due  time  on  board  their  ships,  it  sometimes  happens  that 
in  the  interim  the  customer  either  diesj  or  is  removed  from  his  situa- 
tion, and  his  successor  Avill  not  accept  the  said  tescare,  but  demands  a 
fresh  duty  from  the  said  merchants,  thereby  molesting  them  in  various 
ways ;  wherefore  we  do  command,  that  on  its  really  and  truly  appear- 


164  THE   CONSULAR   DUTIES 

ing  that  they  have  once  paid  the  duty  on  the  goods  purchased,  the 
customer  shall  receive  the  said  tescare  without  demanding  any  fresh 
duty. 

"50th.  That  the  merchants  of  the  aforesaid  nation,  after  having 
once  paid  the  duties,  and  received  the  tescare,  for  the  camlets,  mohair, 
silk,  and  other  merchandise  purchased  by  them  at  Angora,  and  trans- 
ported to  Constantinople,  and  other  ports  of  our  sacred  Dominions,  and 
having  deposited  such  goods  in  their  own  warehouses,  have  been 
again  applied  to  for  duties  thereon  ;  We  do  therefore  hereby  command 
that  they  shall  no  longer  be  molested  or  vexed  on  that  head,  but  that 
when  the  said  merchants  shall  be  desirous  of  loading  such  goods  on 
board  their  ships,  and  on  its  appearing,  by  the  tescare,  that  they  have 
already  paid  the  duties  thereon,  no  fresh  custom  or  duty  shall  be 
demanded  for  the  said  goods,  provided  that  the  said  merchants  do 
not  blend  or  intermix  the  goods  which  have  not  paid  custom  with 
those  which  have. 

"  51st.  That  the  merchants  of  the  aforesaid  nation,  having  once  paid 
the  customs  on  the  merchandise  imported  into  Constantmople  and 
other  ports  of  our  sacred  Dominions,  and  on  those  exported  therefrom, 
as  silks,  camlets,  and  other  goods,  and  being  vmable  to  sell  the  said 
goods,  are  under  the  necessity  of  transporting  them  to  Smyrna,  Scio, 
and  other  ports  ;  on  their  arrival  there  the  Governors  and  Custom 
House  officers  of  such  ports  shall  always  accept  their  tescares,  and 
forbear  exacting  any  further  duty  on  the  said  merchandise. 

"  52nd.  That  for  the  goods  which  the  merchants  of  the  nation  afore- 
said shall  bring  to  Constantinople,  and  other  ports  of  our  sacred 
Dominions,  and  for  those  they  shall  export  from  the  said  places,  the 
Mastariagi  of  Galata  and  Constantinople  shall  take  their  mastaria, 
according  to  the  old  canon  and  ancient  usage ;  that  is  to  say,  for  those 
merchandises  only  whereupon  it  was  usually  paid;  but  for  such 
merchandises  as  have  not  been  accustomed  to  pay  the  same,  nothing 
shaU  be  taken  contrary  to  the  said  canon  ;  neither  shall  any  innova- 
tions be  made  in  future  with  regard  to  English  merchandises,  nor  shall 
one  asper  more  be  taken  than  is  warranted  by  custom. 

"  53rd.  That  the  merchants  of  the  aforesaid  nation  shall  and  may 
always  come  and  go  into  the  ports  and  harbours  of  our  sacred  Domi- 
nions, and  trade,  without  experiencing  any  obstacle  from  any  one, 
with  the  cloths,  kersies,  spice,  tin,  lead,  and  other  merchandise  they 
may  bring;  and,  with  the  exception  of  prohibited  goods,  shall  and  may 
in  like  manner  buy  and  export  all  sorts  of  merchandise,  without  any 
one  presuming  to  prohibit  or  molest  them ;  and  our  customers  and 
other  officers,  after  having  received  the  duties  thereon,  according  to 
ancient  custom,and  the  tenour  of  these  Sacred  Capitulations,  shall  not 


IN   THE   LEVANT   AND   TURKEY.  165 

demand  of  them  anything  more  touching  which  point  certain  clear 
and  distinct  Capitulations  were  granted,  to  the  end  that  the  Beglerbeys 
and  other  commandants,  our  subjects,  as  also  the  commandants  and 
lieutenants  of  our  harbours,  might  always  act  in  conformity  to  these 
our  Imperial  commands,  and  let  nothing  be  done  contrary  thereto. 

"  After  which,  in  the  time  of  our  Uncle  deceased,  blessed  and  trans- 
lated to  Paradise,  Sultan  Murad  Chan  (whose  tomb  be  ever  resplen- 
dent !),  the  aforesaid  King  of  England  sent  Sir  SackvUle  Crow,  Baronet, 
as  his  Ambassador,  with  a  letter  and  presents,  which  were  graciously 
accepted ;  but  the  time  of  his  embassy  being  expired,  another  Ambas- 
sador, named  Sir  Thomas  Bendish,  arrived  to  reside  at  the  Porte  in  his 
stead,  with  his  presents  and  a  courteous  letter,  professing  the  utmost 
friendship,  devotion,  and  sincerity ;  and  the  said  Ambassador  having 
brought  the  Capitulations  formerly  granted  to  the  English,  and 
requested  they  might  be  renewed  according  to  custom,  he  represented 
the  damage  and  injury  sustained  by  the  English,  contrary  to  the  tenour 
of  various  articles  of  the  Capitulations,  viz. : 

"  That  before  the  English  merchants  repaired  to  the  Custom  House, 
some  one  went  on  board  the  ship,  and  forcibly  took  out  their  goods  ; 
and  before  any  price  could  be  fixed  on  the  best  and  most  valuable 
articles,  or  the  accounts  made  out,  he  took  and  carried  them  away ; 
and  that  the  said  merchants,  having  punctually  paid  the  duties 
thereon  in  one  port,  and  being  desirous  of  transporting  the  same 
goods  to  another  port,  the  customer  detained  them,  and  would  not 
suffer  them  to  depart  until  they  had  paid  the  duties  a  second  time  ; 
and  whereas  it  is  specified  in  the  Capitulations,  that  in  all  suits 
wherein  the  English  are  parties,  our  Judges  are  not  to  hear  or  decide 
the  same,  unless  their  Ambassador  or  Consvd  be  present ;  notwith- 
standing which  our  Judges,  without  the  knowledge  of  their  Ambas- 
sador, have  proceeded  to  imprison  and  exact  presents  from  the  English 
merchants,  and  other  subjects  of  that  nation,  besides  being  guilty  of 
other  oppressions  ;  and  whereas  it  is  further  ordered  in  the  Capitula- 
tions, that  no  duties  shall  be  taken  on  such  sequins  and  piastres  as  by 
the  English  merchants  shall  be  brought  in,  or  carried  out  of  our  Im- 
perial dominions,  and  that  a  duty  of  three  per  cent,  only  shall  be 
demanded  on  their  goods  ;  notwithstanding  which  the  customers  have 
exacted  duties  on  the  sequins  and  dollars,  and  demanded  more  duties 
than  were  due  on  tlie  silk  bought  by  them,  besides  demanding  six  per 
cent,  on  the  goods  transported  from  Alexandria  to  Aleppo,  which 
abuses  were  heretofore  rectified  by  an  express  hattisherif ;  notwith- 
standing which  the  English  merchants  still  continue  to  experience 
some  molestation  by  the  customers  valuing  their  goods  at  more  than 
they  were  worth,  so  that  although  it  was  the   custom  to  receive  three 


166  THE   CONSULAR   DUTIES 

per  cent,  only,  the  latter  exacted  six  per  cent,  from  them,  and  the 
servants  of  the  Custom  House,  under  colour  of  certain  petty  charges, 
took  from  them  various  sums  of  money,  and  that  a  greater  number  of 
waiters  were  put  on  board  their  ships  than  usual,  the  expenses 
attending  which  were  a  great  burthen  to  the  merchants  and  masters  of 
ships  who  sustained  it. 

"  That  the  customers,  desirous  to  value  goods  at  more  than  their 
worth,  were  not  satisfied  with  the  merchants  paying  them  duties  on 
the  same  goods  at  the  rate  of  three  per  cent.,  but  interposed  numerous 
difficulties  and  obstacles. 

"  The  Ambassador  having  requested,  therefore,  that  such  abuses 
might  be  rectified,  and  the  laws  of  the  Imperial  Capitulation  be  duly 
executed,  his  request  was  represented  to  the  Imperial  Throqe,  when 
We  were  graciously  pleased  to  order : 

"  54th.  That  the  English  merchants  having  once  paid  the  duties  on 
their  merchandise,  at  the  rate  of  three  per  cent.,  and  taken  them  out 
of  their  ship,  no  one  shall  demand  or  exact  from  them  anything  more 
without  their  consent ;  and  it  was  moreover  expressly  commanded,  that 
the  English  merchants  should  not  be  molested  or  vexed  in  the  manner 
aforesaid,  contrary  to  the  Articles  of  the  Capitulations. 

"  Since  which,  another  Ambassador  of  the  King  of  England,  Sir 
Heneage  Finch,  Knight ;  Earl  of  Winchelsea ;  Viscount  Maidstone ; 
and  Baron  Fitzherbert,  of  Eastwell,  arrived  to  reside  at  the  Sublime 
Porte,  Avith  presents  and  a  courteous  letter,  demonstrating  His  sincere 
friendship,  and  professing  the  utmost  cordiality  and  devotion  ;  which 
Ambassador  also  presented  the  Capitulations,  and  requested  that  the 
most  necessary  and  important  Articles  thereof  might  be  renewed  and 
confirmed  according  to  custom,  which  request  was  graciously  acceded 
to,  and  the  desired  privileges  granted  to  Him,  viz. : 

"  55th.  That  the  Imperial  fleet,  galleys,  and  other  vessels,  departing 
from  our  sacred  Dominions,  and  falling  in  with  English  ships  at  sea, 
shall  in  nowise  molest  or  detain  them,  nor  take  from  them  anything 
whatsoever,  but  always  show  to  one  another  good  friendship,  without 
occasioning  them  the  least  damage  or  injury  ;  and  notwithstanding  it 
is  thus  declared  in  the  Imperial  Capitulations,  the  English  ships  are 
still  molested  by  the  ships  of  the  Imperial  fleet,  and  by  the  Beys  and 
Captains  who  navigate  the  seas,  as  also  by  those  of  Algiers,  Tunis,  and 
Barbary,  who,  falling  in  with  them  whilst  sailing  from  one  port  to 
another,  detain  them  for  the  mere  purpose  of  plunder,  under  colour  of 
searching  for  enemy's  property,  and  under  that  pretence  prevent  them 
from  prosecuting  their  voyage ;  now.  We  do  hereby  expressly  com- 
mand, that  the  provisions  of  the  old  Canon  can  be  executed  at  the 
castles,  and  in  the  ports  only,  and  nowhere  else ;  and  that  they  shall 


IN    THE    LEVANT    AND    TURKEY.  167 

no  longer  be  liable  to  any  further  search  or  exaction  at  sea,  iinder 
colour  of  search  or  examination. 

"  56th.  That  the  said  Ambassador  having  represented  that  our 
customers,  after  having  been  fully  paid  the  proper  duties  by  the  Eng- 
lish merchants  on  their  goods,  delayed,  contrary  the  articles  and 
stipulations  of  the  Capitulations,  to  give  them  the  tescares  of  the  goods 
for  which  they  had  already  received  the  duty,  mth  the  sole  vievir  of 
oppressing  and  doing  them  injustice ;  We  do  hereby  strictly  com- 
mand that  the  said  customers  do  never  more  delay  granting  them 
the  tescares,  and  the  goods  whereon  they  have  once  paid  the  duty, 
being  transported  to  another  port,  in  consequence  of  no  opportunity 
of  sale  having  occurred  in  the  former  port,  entire  credit  shall  be  given 
to  the  tescares,  ascertaining  the  payment  already  made,  agreeably  to 
the  Capitulations  granted  to  them;  and  no  molestations  shall  be 
given  to  them,  nor  any  new  duty  demanded. 

"  57th.  That  notwithstanding  it  is  stipulated  by  the  Capitulations 
that  the  English  merchants,  and  other  subjects  of  that  nation,  shall  and 
may,  according  to  their  rank  and  condition,  trade  to  Aleppo,  Egypt, 
and  other  parts  of  our  Imperial  Dominions,  and  for  all  their  goods, 
.  wares,  and  merchandise,  pay  a  duty  of  three  per  cent,  only,  and 
nothing  more,  according  to  ancient  custom,  the  customers  having 
molested  the  English  merchants  with  a  view  to  oppress  them,  and  the 
subjects  of  that  nation,  on  their  arrival  with  their  goods  laden  on 
board  their  ships,  whether  conveyed  by  sea  or  land,  at  our  ports  and 
harbours,  under  pretence  of  the  goods  so  brought  by  them  not  belong- 
ing to  the  English ;  and  that  for  goods  brought  from  England  they 
demanded  three  per  cent,  only,  but  for  those  brought  by  them  from 
Venice  and  other  ports,  they  exacted  more ;  wherefore,  on  this  point, 
let  the  Imperial  Capitulations  granted  in  former  times  be  observed,  and 
our  governors  and  officers  in  nowise  permit  or  consent  to  the  same 
being  infringed. 

"  58th.  That  whereas  it  is  specified  in  the  Capitulations,  that  in  case 
an  Englishman  should  become  a  debtor  or  surety,  and  run  away  or 
fail,  the  debt  shall  be  demanded  of  the  debtor;  and  if  the  creditor  be 
not  in  possession  of  some  legal  document  given  by  the  surety,  he  shall 
not  be  arrested,  nor  such  debt  be  demanded  of  him ;  should  an  English 
merchant  resident  in  another  country,  with  the  sole  view  of  freeing 
himself  from  the  payment  of  a  debt,  draw  a  bill  of  exchange  from 
another  merchant  living  in  Turkey,  and  the  person  to  whom  the  same 
is  payable,  being  a  man  of  power  and  authority,  should  molest  such 
merchant  who  had  contracted  no  debt  to  the  drawer,  and  oppress  him, 
contrary  to  law  and  the  Sacred  Capitulations,  by  contending  that  the 
bill  was  drawn  upon  him,  and  that  he  was  bound  to  pay  the  debt  of 


168  THE   CONSULAK   DUTIES 

the  other  merchant ;  now,  we  do  hereby  expressly  command,  that  no 
such  molestation  be  given  in  future  ;  but  if  such  merchant  shall  accept 
the  bill,  they  shall  proceed  in  manner  and  form  therein  pointed  out ; 
but  should  he  refuse  to  accept  it,  he  shall  be  liable  to  no  further 
trouble. 

"59th.  That  the  interpreters  of  the  English  Ambassadors  having  been 
always  free  and  exempt  from  all  contributions  and  impositions  what- 
ever, respect  shall  in  future  be  paid  to  the  articles  of  the  Capitulations 
stipulated  in  ancient  times,  without  the  fiscal  officers  intermeddling 
with  the  eifects  of  any  of  the  interpreters  who  may  happen  to  die, 
which  effects  shall  be  distributed  amongst  his  heirs. 

"  GOth.  That  the  aforesaid  King  having  been  a  true  friend  of  our 
Sublime  Porte,  his  Ambassador  who  resides  here  shall  be  allowed  ten 
servants  of  any  nation  whatsoever,  who  shall  be  exempt  from  impo- 
sitions, and  in  no  manner  molested. 

"61st.  That  if  any  Englishman  should  turn  Turk,  and  it  should  be 
represented  and  proved  that  besides  his  own  goods  he  has  in  his 
hands  any  property  belonging  to  another  person  in  England,  such 
property  shaU  be  taken  from  him  and  delivered  up  to  the  Ambassador 
or  Consul,  that  they  may  convey  the  same  to  the  owner  thereof. 

"  The  Ambassador  of  the  aforesaid  King  who  resided  in  our  Sublime 
Porte  being  dead,  Sir  John  Finch,  Knight,  a  prudent  man,  was  sent  as 
Ambassador  to  the  imperial  throne,  and  to  reside  at  our  Sublime 
Porte,  with  a  letter  and  presents,  which,  on  arrival  and  presentation 
to  our  glorious  and  imperial  presence,  were  graciously  accepted ;  and 
the  said  Ambassador  having  brought  with  him  the  Sacred  Capitulations 
heretofore  gi-anted  by  our  august  person,  and  represented  to  us,  on 
the  part  of  the  aforesaid  King,  his  Majesty's  desire  that  they  should 
be  renewed  and  confirmed  according  to  custom,  and  certain  new  articles 
added  to  them,  to  which  request  we  most  graciously  acceded,  by 
commanding  that  such  additional  articles  be  registered  in  the  Imperial 
Capitulations,  of  which  one  was  the  Imperial  command,  to  which  was 
affixed  the  hattisherif,  that  is  the  hand  of  our  deceased  glorious 
father,  absolved  by  God,  Sultan  Ibrahim  (whose  soul  rest  in  glory  and 
divine  mercy !)  in  the  year  1053,  to  wit : 

"  G2nd.  That  for  every  piece  of  cloth  called  Londra,  which  from 
ancient  times  was  always  brought  by  the  British  ships  to  Alexandria, 
there  should  be  taken  in  that  place  a  duty  of  forty  paras,  for  every 
piece  of  kersey  six  paras,  for  every  bale  of  hareskins  six  paras,  and 
for  every  quintal  of  tin  and  lead,  Damascus  weight,  fifty-seven  paras 
and  a  half. 

"  63rd.  That  on  afterwards  transporting  the  said  goods  from  Alex- 
andi'ia  to  Aleppo,  there  should  be  demanded  by  the  Custom  House 


IN    THE    LEVANT    AND    TURKEY.  169 

officers  of  Aleppo,  for  every  piece  of  Londra  eighty  paras,  for  a  piece 
of  kersey  eight  paras  and  two  aspers,  for  every  bundle  of  haresking 
eight  paras  and  two  aspers,  and  for  every  Aleppo  weight  of  tin  and 
lead  one  para. 

"  64th.  That  on  the  goods  purchased  by  the  aforesaid  nation  at 
Aleppo,  there  should  be  paid  for  transport  duty,  on  every  bale  of 
unbleached  linen,  cordovans,  and  chorasani-hindi  two  dollars  and  a 
half,  for  every  bale  of  cotton  yarn  one  dollar  and  a  quarter,  for  every 
bale  of  galls  one  quarter,  for  every  bale  of  silk  ten  osmans,  and  for 
rhubarb  and  other  trifles,  and  various  sorts  of  drugs,  according  to  a 
valuation  to  be  made  by  the  appraiser,  there  should  be  taken  a  duty 
of  three  per  cent. 

"  65th.  That  on  carrying  the  said  goods  to  Alexandria,  and  there  load- 
ing them  on  board  their  ships,  there  should  be  taken  for  transport  duty, 
on  every  bale  of  unbleached  linen  and  cordovans  one  dollar-and-a-half, 
for  every  bale  of  chorasani-hindi,  and  cotton  yarn  three  quarters, 
for  every  bale  of  galls  one  quarter,  and  for  rhubarb  and  other  trifles, 
and  varioits  sorts  of  drugs,  after  a  valuation  made  thereof,  there  should 
be  taken  three  qiiarters  of  a  piastre ;  and  for  the  future,  no  demand 
whatever  to  the  contrary  should  be  submitted  to. 

"  66th.  That  all  commands  issued  by  the  chamber  contrary  to  the 
above-mentioned  articles  shall  not  be  obeyed ;  but  for  the  future, 
everything  be  observed  conformably  to  the  tenour  of  the  Capitulations 
and  Imperial  signet. 

"  67th.  It  being  stipulated  by  the  Capitulations  that  the  English 
merchants  shall  pay  a  duty  of  three  per  cent,  on  all  goods  by  them 
imported  and  exported,  without  being  bound  to  pay  an  asper  more ; 
and  disputes  having  arisen  with  the  customers  on  this  head,  they  shall 
continue  to  pay  duty  as  heretofore  paid  by  them  at  a  rate  of  three' 
per  cent,  only,  neither  more  or  less. 

"  68th.  That  for  the  London  and  other  cloths  manufactured  in 
England,  whether  fine  or  coarse,  and  of  whatever  price,  imported  by 
them  into  the  ports  of  Constantinople  and  Galata,  there  shall  be 
taken,  according  to  the  ancient  canons,  as  they  have  always  hitherto 
paid,  one  hundred  and  forty-four  aspers,  computing  the  dollar  at  eighty 
aspers,  and  the  leone  at  seventy,  and  nothing  more  shall  be  exacted 
from  them  ;  but  the  cloths  of  Holland  and  other  countries,  viz.,  serges, 
Londrina  scarlets,  and  other  cloths,  shall  pay  for  the  future  that 
which  hitherto  has  been  the  accustomed  duty ;  and  at  Smyrna  likewise 
shall  be  paid  according  to  ancient  ctistom,  calculated  in  dollars  and 
leones,  for  every  piece  of  London  or  other  cloth  of  English  fabric, 
whether  fine  or  coarse,  one  hundred  and  twenty  aspers,  without  an 
asper  more  being  demanded,  or  any  innovation  being  made  therein. 


170  THE    CONSULAE    DUTIES 

''69th.  It  being  registered  in  the  Imperial  Capitvilatious  that  all  suits 
wherein  the  English  are  parties,  and  exceeding  the  sum  of  four  thousand 
aspers,  shall  be  heard  in  our  Sublime  Porte,  and  nowhere  else ;  that 
if  at  any  time  the  commanders  and  governors  should  arrest  any  English 
merchant,  or  other  Englishman,  on  the  point  of  departure  by  any  ship, 
by  reason  of  any  debt  or  demand  upon  him,  if  the  Consul  of  the  place 
will  give  bail  for  him,  by  offering  himself  as  surety  until  such  suit 
shall  be  decided  in  our  Imperial  Divan,  such  person  so  arrested  shall 
be  released,  and  not  imprisoned  or  prevented  from  prosecuting  his 
voyage,  and  they  who  claim  anything  from  him  shall  present  them- 
selves in  our  Imperial  Divan,  and  there  submit  their  claims,  in  order 
that  the  Ambassador  may  furnish  an  answer  thereto.  With  regard  to 
those  for  whom  the  Consul  shall  not  have  given  bail,  the  commandant 
may  act  as  he  thinks  proper. 

"  70th.  That  all  English  ships  coming  to  the  ports  of  Constantinople, 
Alexandria,  Smyrna,  Cyprus,  and  other  ports  of  our  sacred  Dominions, 
shall  pay  three  hundred  aspers  for  anchorage  duty,  without  an  asper 
more  being  demanded  from  them. 

"  71st.  That  should  any  Englishman  coming  with  merchandise  turn 
Turk,  and  the  goods  so  imported  by  him  be  proved  to  belong  to 
merchants  of  his  own  country,  from  whom  he  had  taken  them,  the 
whole  shall  be  detained,  with  the  ready  money,  and  delivered  up  to 
the  Ambassador,  in  order  to  his  transmitting  the  same  to  the  right 
owners,  without  any  of  our  judges  or  officers  interposing  any  obstacle 
or  hindrance  thereto. 

"  72ud.  That  no  molestation  shall  be  given  to  any  of  the  aforesaid 
nation  buying  camlets,  mohairs,  or  grogram  yarn,  at  Angora  and 
Beghbazar,  and  desirous  of  exporting  the  same  from  thence,  after 
having  paid  the  duty  of  three  per  cent.,  by  any  demand  of  customs  for 
the  exportation  thereof,  neither  shall  one  asper  more  be  demanded 
of  them. 

"  73rd.  That  should  any  suit  be  instituted  by  an  English  merchant 
for  the  amount  of  a  debt,  and  the  same  be  recovered  by  means  of  the 
assistance  of  a  chiaux,  he  shall  pay  him  out  of  the  money  recovered 
two  per  cent.,  and  what  is  usually  paid  for  fees  in  the  mehkeme,  or 
court  of  justice,  and  not  an  asper  more. 

"  74th.  That  the  King,  having  always  been  a  friend  to  the  Sublime 
Porte,  out  of  regard  to  such  good  friendship,  His  Majesty  shall  and 
may,  with  his  own  money,  purchase  for  his  own  kitchen,  at  Smyrna, 
Salonica,  or  any  other  port  of  our  sacred  Dominions,  in  fertile  and 
abundant  years,  and  not  in  times  of  dearth  or  scarcity,  two  cargoes  of 
figs  and  raisins  ;  and  after  having  paid  a  duty  of  three  per  cent,  thereon, 
no  obstacle  or  hindrance  shall  be  siiven  thereto. 


IN    THE    LEVANT    AND    TURKEY.  171 

"  75th.  That  it  being  represented  to  Us  that  the  English  merchants 
have  been  accustomed  hitherto  to  pay  no  custom  or  scale  duty,  either 
on  the  silks  bought  by  them  at  Brussa  and  Constantinople,  or  on  those 
which  come  from  Persia  and  Georgia,  and  are  purchased  by  them  at 
Smyrna  from  the  Armenians  ;  if  such  usage  or  custom  really  exists, 
and  the  same  be  not  prejudicial  to  the  Empire,  such  duty  shall  not  be 
paid  in  future  :  and  the  said  Ambassador  having  requested  that  the 
aforegoing  articles  might  be  duly  respected,  and  added  to  the  Imperial 
Capitulations,  his  request  was  acceded  to  ;  therefore,  in  the  same 
manner  as  the  Capitulations  were  heretofore  conceded  by  our  Impe- 
rial hattisherif,  so  are  they  now  in  like  manner  renewed  by  our 
Imperial  command ;  wherefore,  in  conformity  to  the  Imperial  signet, 
We  have  again  granted  these  sacred  Capitulations,  which  We  command 
to  be  observed  so  long  as  the  said  King  shall  continue  to  main- 
tain that  good  friendship  and  understanding  with  our  Sublime  Porte 
which  was  maintained  in  the  happy  time  of  our  glorious  ancestors, 
which  friendship  We,  on  our  part,  accept ;  and,  adhering  to  these 
articles  and  stipulations,  We  do  hereby  promise  and  swear,  by  the  one 
omnipotent  God,  the  Creator  of  heaven  and  earth,  and  of  aU  creatures, 
that  We  will  permit  nothing  to  be  done  or  transacted  contrary  to  the 
tenour  of  the  articles  and  stipulations  heretofore  made,  and  these  Impe- 
rial Capitulations  ;  and  accordingly  every  one  is  to  yield  implicit  faith 
and  obedience  to  this  our  Imperial  signet,  affixed  in  the  middle  of  the 
month  Gamaziel,  in  the  year  1086  (corresponding  with  the  year  of  our 
Lord  1675)." 


Treaty  between  Great  Britain  and  the  Sublime  Porte,  concluded 
AT  THE  Dardanelles,  the  5th  of  January,  1809. 

{Translation.) 

"  In  the  name  of  the  Most  Merciful  God, — 

"  The  object  of  this  faithful  and  authentic  Instrument  is  as  follows  : 

"  Notwithstanding  the  appearances  of  a  misunderstanding  between 

the  Court  of  Great  Britain  and  the  Sublime  Ottoman  Porte,  consequent 

upon  the  occurrences  of  the  moment,  the  two  Powers,  equally  animated 

with  a  sincere  desire  of  re-establishing  the  ancient  friendship  which 

subsisted  between  them,  have  named  their  Plenipotentiaries  for  that 

purpose,  that  is  to  say.  His  most  august  and  most  honoured  Majesty 

George  the  Third,  King  of  the  United  Kingdom  of  Great  Britain  and 

Ireland,  has  named  for  his  Plenipotentiary  Robert  Adair,  Esq.,  one  of 

the   Members  of  the  Royal  Parliament  of  Great  Britain ;    and  His 

Majesty  the  Most  Noble,  Most  Powerful,  and  Most  Magnificent  Sultan 


172  THE    CONSULAR   DUTIES 

Mahomet  Han  II.,  Emperor  of  the  Ottomans,  has  named  for  his  Pleni- 
potentiary Seyde,  Mehmed-Emin-Vahid  Effendi,  Director  and  Inspector 
of  the  department  called  ^  Mercoufat,'  and  invested  with  the  rank  of 
^  Nichangi'  of  the  Imperial  Divan,  who  having  reciprocally  communi- 
cated to  each  other  their  full  powers,  after  several  conferences  and 
discussions,  have  concluded  the  peace  equally  desired  by  both  Powers, 
and  have  agreed  upon  the  following  articles  : 

"  1st.  From  the  moment  of  signing  the  present  treaty,  every  act  of 
hostility  between  England  and  Turkey  shall  cease  ;  and  in  furtherance 
of  this  happy  peace,  the  prisoners  on  both  sides  shall  be  exchanged, 
without  distinction,  in  thirty-one  days  from  the  signature  of  this 
treaty,  or  sooner,  if  possible. 

"  2nd.  Should  any  fortresses  belonging  to  the  Sublime  Porte  be  in  the 
possession  of  Great  Britain,  they  shall  be  restored  to  the  Sublime 
Porte,  and  given  up,  with  all  the  cannons,  warlike  stores,  and  other 
effects,  in  the  condition  in  which  they  were  found  at  the  time  of  their 
being  occupied  by  England  ;  and  this  restitution  shall  be  made  in  the 
space  of  thirty-one  days  from  the  signature  of  the  present  treaty. 

"  3rd.  Should  there  be  any  eftects  and  property  belonging  to  English 
merchants  under  sequestration,  within  the  jurisdiction  of  the  Sublime 
Porte,  the  same  shall  be  entirely  given  up,  and  restored  to  the  proprie- 
tors ;  and,  in  like  manner,  should  there  be  any  effects,  property,  and 
vessels  belonging  to  merchants,  subjects  of  the  Sublime  Porte,  under 
s.equestration  at  Malta,  or  in  any  other  islands  and  possessions  of  His 
Britannic  Majesty,  they  also  shall  be  entirely  given  up,  and  restored 
to  their  proprietors. 

"  4th.  The  treaty  of  Capitulations  agreed  upon  in  the  Turkish  year 
1086  (a.d.  1675),  in  the  middle  of  the  month  Gemmaziel  Akir,  as  also 
the  Act  relating  to  the  commerce  of  the  Black  Sea,  and  other  privi- 
leges (Imtiazat)  equally  established  by  acts  at  subsequent  periods, 
shall  continue  to  be  observed  and  maintained  as  if  they  had  suffered 
no  interruption. 

"  5  th.  In  return  for  the  indulgence  and  good  treatment  afforded  by 
the  Sublime  Porte  to  English  merchants,  with  respect  to  their  goods 
and  property,  as  well  as  in  all  matters  tending  to  facilitate  theu*  com- 
merce, England  shall  reciprocally  extend  every  indulgence  and  friendly 
treatment  to  the  flag,  subjects,  and  merchants  of  the  Sublime  Porte, 
which  may  hereafter  frequent  the  dominions  of  His  Britannic  Majesty 
for  the  purpose  of  commerce. 

^'  6th.  The  last  Custom  House  tariff  established  at  Constantinople,  at 
the  ancient  rate  of  three  per  cent.,  and  particularly  the  article  relating 
to  the  interior  commerce,  shall  continue  to  be  observed  as  they  are  at 
present  regulated,  and  to  which  England  promises  to  conform. 


IN  THE  LEVANT  AND  TURKEY.  173 

"  7th.  Ambassadors  from  His  Majesty  the  King  of  Great  Britain  shall 
enjoy  all  the  honours  enjoyed  by  Ambassadors  to  the  Sublime  Porte 
from  other  nations  ;  and  Ambassadors  from  the  Sublime  Porte  at  the 
Court  of  London  shall  reciprocally  enjoy  all  the  honours  granted  to 
the  Ambassadors  from  Great  Britain. 

"  8th.  Consuls  (Shahbenders)  may  be  appointed  at  Malta,  and  in  the 
dominions  of  His  Britannic  Majesty,  where  it  shall  be  necessary  to 
manage  and  superintend  the  affairs  and  interests  of  merchants  of  the 
Sublime  Porte,  and  similar  privileges  and  immimities  to  those  granted 
to  English  Consuls  resident  in  the  Ottoman  dominions,  shall  be  dtdy 
afforded  to  the  '  Shahbenders  '  of  the  Sublime  Porte. 

"  9th.  English  Ambassadors  and  Consuls  may  supply  themselves, 
according  to  custom,  with  such  dragomen  as  they  shall  stand  in  need 
of,  but  as  it  has  already  been  mutually  agreed  upon,  that  the  Sublime 
Porte  shall  not  grant  the  '  Barat '  of  dragoman  in  favour  of  individuals 
who  do  not  execute  that  duty  in  the  place  of  their  destination,  it  is 
settled,  in  conformity  with  this  principle,  that  in  future  the  '  Barat ' 
shall  not  be  granted  to  any  person  of  the  class  of  tradesmen,  or 
bankers,  nor  to  any  shopkeeper  or  manufacturer  in  the  public  markets; 
or  to  one  who  is  engaged  in  any  matters  of  this  description  ;  nor  shall 
English  Consuls  be  named  from  among  the  subjects  of  the  Sublime 
Porte. 

"  loth.  English  patents  of  protection  shall  not  be  granted  to  depend- 
ants or  merchants,  who  are  subjects  of  the  Sublime  Porte,  nor  shall 
any  passport  be  delivered  to  such  persons  on  the  part  of  Ambassadors 
or  Consuls,  without  permission  previously  obtained  from  the  Sublime 
Porte. 

"  1 1th.  As  ships  of  Avar  have  at  all  times  been  prohibited  from  enter- 
ing the  canal  of  Constantinople,  viz.,  in  the  Straits  of  the  Dardanelles 
and  of  the  Black  Sea  ;  and  as  this  ancient  regulation  of  the  Ottoman 
Empire  is  in  future  to  be  observed  by  every  power  in  time  of  peace, 
the  Court  of  Great  Britain  promises  on  its  part  to  conform  to  this 
principle. 

"  12th.  The  ratifications  of  the  present  Treaty  of  Peace  between  the 
high  contracting  parties  shall  be  exchanged  at  Constantinople  in  the 
space  of  ninety-one  days  from  the  date  of  this  Treaty,  or  sooner,  if  pos- 
sible. In  faith  of  which,  and  in  order  of  the  ratification  of  the  twelve  arti- 
cles of  this  treaty  (which  has  been  happily  concluded  by  the  assistance 
of  God,  and  in  the  sincerity  and  good  faith  of  the  Two  Parties),  may  be 
exchanged  ;  I,  Plenipotentiary  of  the  Sublime  Porte,  have,  in  virtue  of 
my  full  powers,  signed  and  sealed  this  instrument,  which  I  have  deli- 
vered to  the  Plenipotentiary  of  His  Britannic  Majesty,  in  exchange  for 
another  instrument  exactly  conformable  thereto,  written  in  the  French 


174  THE   CONSULAR   DUTIES 

language,  witli  a  translation  thereof,  wliich  has  been  delivered  to  me, 
on  his  part,  agreeably  to  his  full  powers. 

"Done  near  the  Castles  of  the  Dardanelles,  the  5th  January,  1809, 
which  corresponds  with  the  year  of  the  Hegira  1223,  the  nineteenth 
day  of  the  moon  Zilkaade. 

(Signed)         (l.s.)  "  Seyde,  Mehmed-Emin-Vahid  Effendi. 

(Signed)         (l.s.)  "  Robert  Adair." 


British  Order  in  Council,  making  further  provision  for  the 
Exercise  of  Power  and  Jurisdiction  by  British  Consular 
Courts  in   the  Ottoman  Dominions,  April  24,  1847. 

At  the  Court  of  Buckingham  Palace,  the  24th  day  of  AprU,  1847. 

Present: — The  Queen's  Most  Excellent  Majesty  in  Council. 

Whereas,  by  a  certain  Act  of  Parliament,  made  and  passed  in  the 
Session  of  Parliament,  holden  in  the  6th  and  7th  years  of  Her  Ma- 
jesty's reign,  intituled,  "  An  Act  to  remove  doubts  as  to  the  Exercise 
of  Power  and  Jurisdiction  by  Her  Majesty  within  divers  countries  and 
places  out  of  Her  Majesty's  dominions ,  and  to  render  the  same  more 
effectual,  it  is  among  other  things  enacted,  that  it  is  and  shall  be  law- 
ful for  Her  Majesty  to  hold,  exercise,  and  enjoy  any  power  or  juris- 
diction which  Her  Majesty  now  hath,  or  may  at  any  time  hereafter 
have  within  any  country  or  place  out  of  Her  Majesty's  dominions,  in 
the  same  and  as  ample  a  manner  as  if  Her  Majesty  had  acquired 
such  power  or  jurisdiction  by  the  cession  or  conquest  of  territory. 

And  whereas  Her  Majesty  hath  power  and  jurisdiction  in  the  Sub- 
Ihne  Ottoman  Porte,  and  whereas  Her  Majesty  was  pleased  on  the  19th 
day  of  June,  1844,  by  and  with  the  advice  of  Her  Privy  Council,  to 
make  by  Order  in  Council,  provision  for  the  due  exercise  of  the  juris- 
diction possessed  by  Her  Majesty  as  aforesaid,  in  the  dominions  of 
the  Sublime  Ottoman  Porte ;  and  whereas  it  is  expedient  at  the  present 
time  to  make  further  provision  for  the  same. 

Now,  therefore,  in  pursuance  of  the  above  recited  Act  of  Parliament, 
Her  Majesty  is  pleased,  by  and  with  the  advice  of  Her  Privy  Council, 
to  order,  and  it  is  hereby  ordered,  that  this  above  recited  Order  of  Her 
Majesty  in  Council,  of  the  19th  of  June,  1844,  shall  continue  to  have 
full  force  and  effect,  except  in  so  far  as  the  same  may  be  in  any  way 
altered  by  the  present  Order. 

And  for  the  better  maintenance  of  order  among  British  subjects 
residing  in,  or  resorting  to  the  dominions  of  the  Sublime  Ottoman  Porte, 
and  for  the  more  effectual  repression  and  punishment  of  crimes  com- 


IN    THE    LEVANT    ANB    TURKEY.  175 

mitted  by  Britisli  subjects  within  the  said  dominions,  it  is  hereby  fur- 
ther ordered,  that  in  all  cases  in  which  parties  shall  be  acciised  before 
Her  Majesty's  Consuls-General,  Consuls,  or  Vice-Consuls,  of  the 
crimes  of  arson,  house-breaking,  cutting  or  maiming,  stabbing,  or 
assault  endangering  life;  and  in  which  the  said  Consuls-General, 
Consuls,  or  Vice-Consuls  shall  have  exclusive  jurisdiction;  the  pro- 
ceedings in  the  Consular  Courts  shall  be  conducted  in  the  presence  of 
assessors,  convened  in  the  manner  pointed  out  in  the  aforesaid  Order 
of  the  19th  of  June,  1844;  and  it  shall  and  maybe  lawful  for  the 
Consul-General,  Consul,  or  Vice-Consul  holding  such  Court,  to  order 
that  any  person  who  shall  be  convicted  in  the  said  Court  of  any  of 
the  crimes  aforesaid,  shall  over  and  above  any  fine  or  imprisonment 
which  may  be  awarded  to  such  person,  be  sent  out  of  the  dominions 
of  the  Sublime  Ottoman  Porte,  notwithstanding  the  crime  laid  to  the 
charge  of  such  person  may  be  the  first  of  which  he  has  been  con- 
victed in  a  Consular  Court :  and  all  the  rules  laid  down  in  the  afore- 
said Order  of  the  19th  of  June,  1844,  touching  Consular  Courts  held 
in  the  presence  of  assessors,  and  the  expiilsion  of  persons  from  the 
dominions  of  the  Sublime  Ottoman  Porte,  shall  continvie  to  be  observed 
with  reference  to  the  present  Order. 

And  it  is  hereby  further  ordered,  that  \fhen  any  British  subject 
shall  be  convicted  for  the  first  time  in  the  Court  of  any  of  Her 
Majesty's  Consuls-General,  Consuls,  or  Vice-Consuls  in  the  dominions 
of  the  Sublime  Ottoman  Porte,  of  any  crime  or  misdemeanour  endan- 
gering the  pviblic  peace,  if  such  British  subject  shall  have  no  establish- 
ment in  the  dominions  of  the  Sublime  Ottoman  Porte,  nor  any  osten- 
sible means  of  subsistence,  it  shall  and  may  be  lawful  for  such 
Consul-General,  Consul,  or  Vice-Cousul,  to  require  such  British  subject 
to  produce  some  one  person  who  will  enter  into  security  for  his  good 
behaviour,  after  payment  of  the  fine  imposed  upon  him,  or  the  expira- 
tion of  the  term  of  imprisonment  awarded  to  him,  provided  always, 
that  the  security  so  required  shall  not  be  excessive  ;  and  in  the  event 
of  any  British  subject  so  convicted  being  unable  to  procure  some  such 
person  to  enter  into  the  required  security,  then  and  in  that  case  it 
shall  be  lawful  for  Her  Majesty's  Consul-General,  Consul,  or  Vice- 
Consul,  to  send  such  British  subject  out  of  the  Ottoman  dominions,  in 
the  same  manner  as  if  he  had  been  twice  convicted  : 

And  it  is  further  ordered,  that  it  shall  and  may  be  lawful  for  any 
of  Her  Majesty's  Consuls-General,  Consvils,  or  Vice-Consuls,  in  the 
Ottoman  dominions,  upon  oath  being  made  before  him,  by  one  or  more 
credible  witnesses,  that  there  is  reasonable  ground  to  apprehend  that 
any  British  subject  is  about  to  commit  a  breach  of  the  public  peace,  to 
cause  such  British  subject  to  be  brought  before  him,  and  to  require 


176  THE    CONSULAR    DUTIES    IN    CHINA. 

such  Britisli  subject  to  give  sufficient  security  to  keep  the  peace  ;  or  in 
the  event  of  any  Bi'itish  subject  being  conAicted  of  a  breach  of  the 
peace,  to  cause  such  British  subject  to  find  security  for  his  good  beha- 
viour, after  he  shall  have  undergone  the  pimishment  which  may  have 
been  awarded  to  him  in  the  Consular  Court ;  and  in  the  event  t)f  any 
British  subject,  who  may  be  required  as  aforesaid  to  give  sufficient 
security  to  keep  the  peace,  or  to  find  security  for  his  good  behaviour, 
being  unable  or  un^Ailling  to  do  so,  then  and  in  that  case  it  shall  be 
lawful  for  Her  Majesty's  Consiil-General,  Consul,  or  Vice-Consul,  to 
send  such  British  subject  out  of  the  Ottoman  dominions. 

And  the  Right  Honourable  Earl  Grey  and  the  Right  Honourable 
Viscount  Palmerston,  two  of  Her  Majesty's  Principal  Secretaries  of 
State,  and  the  Lords  Commissioners  of  the  Admiralty,  are  to  give  the 
necessary  directions  herein,  as  to  them  may  respectively  appertain. 

Wm.  L.  Bathurst. 


CHAPTER   V. 

THE   CONSULAR   DUTIES    IN   CHINA. 

BY  the  statute  6  Anne,  c.  17,  a  union  was  eifected  between  the  Com- 
pany of  Merchants  of  London,  trading  to  the  East  Indies,  and 
the  English  Company,  on  the  same  track.  This  Charter  was  renewed 
from  time  to  time,  Avhen  gradually  the  United  Company  expanded, 
and  that  of  China  became  detached  under  Government  in  the  reign 
of  William  IV.,  when  the  China  trade  was  thrown  open,  and  the 
United  Company  assumed  the  name  of  the  now  renowned  East  India 
Company.  The  Acts  now  in  force  appointed  a  Superintendent  of 
Trade  to  China  (3  &  4  Wm.  IV.,  c.  93),  which  was  further  amended 
by  the  6  &  7  Vict.,  c.  80,  both  of  which  are  annexed ;  these,  as  they 
relate  more  exclusively  to  the  Superintendent  of  Trade  to  China,  need 
only  be  perused  by  the  Consul  for  his  information. 

It  was  not  until  the  year  1842,  that  British  Consuls  were  appointed 
to  China,  although,  without  doubt,  the  Superintendents  of  Trade  were 
paving  the  way  to  their  establishment.  On  the  29th  August,  1842, 
Her  Majesty  concluded  with  the  Emperor  of  China  a  Treaty  of  Peace 
and  Friendship.  In  the  second  Article  it  was  agreed  that  British 
subjects,  with  their  establishments  and  families,  should  be  allowed  to 
reside,  for  the  purpose  of  carrying  on  their  mercantile  pursuits,  at  the 
cities  and  towns  of  Canton,  Aviotj,  Foo-chow-foo,  Ningpo,  and  Shanghai ; 
and  that   Her  Majesty  might   appoint  Superintendents,  or  Consular 


THE    CONSULAR    DUTIES    IN    CHINA.  177 

officers  to  reside  at  each  of  tlie  above-named  cities  or  towns,  to  be  the 
medixim  of  communication  between  the  Cliinese  authorities  and  the 
said  merchants,  and  to  see  that  the  just  dues  and  duties  of  the  Chinese 
government  as  hereafter  provided  for  are  duly  discharged  by  Her 
Britannic  Majesty's  subjects.  The  third  Article  relates  to  the  cession 
of  the  Island  of  Hong  Kong  to  Her  Majesty.  The  remainder  of  the 
Treaty  goes  on  to  state  the  indemnifications,  etc.,  payable,  and  the 
release  of  British  subjects,  etc.  In  furtherance  of  this  Treaty,  by 
an  Order  in  Council  dated  the  4th  January,  1843,  Her  Majesty  removed 
the  holduig  of  the  Court  for  the  administration  of  justice,  with 
criminal  and  Admiralty  jurisdiction,  to  the  Island  of  Hong  Kong,  to  be 
there  holden  by  the  Chief  Superintendent  for  the  time  being,  appointed 
by  Her  Majesty,  in  pursuance  of  the  3  &  4  Wni.  IV.,  c.  93,  and  con- 
firming in  other  respects  the  Order  in  Council  relating  thereto,  dated 
the  9th  December,  1833.  By  Order  in  Council  dated  the  24th  February, 
1843,  Her  Majesty  was  also  pleased  to  declare  that  the  Superintendents 
of  Trade  were  to  carry  out  the  provisions  afforded  by  the  said  Act, 
in  regard  to  fines  and  penalties  ;  and  prohibited  her  subjects,  under  a 
penalty  not  exceeding  100^.,  or  three  months'  imprisonment,  from  resort- 
ing for  the  purposes  of  trade  and  commerce  to  any  other  ports  in  the 
Chinese  dominions  than  those  of  Amoy,  Canton,  Foo-chow-foo,  Ningpo, 
and  Shanghai,  or  those  that  may  be  in  possession  of  Her  Majesty's 
forces. 

On  the  26th  June,  1843,  the  annexed  Tariff  of  Duties  and  Dues  was 
agreed  upon,  and  on  the  22nd  July  of  the  same  year  duly  promulgated 
by  Sir  Henry  Pottinger,  Her  Majesty's  Plenipotentiary  to  China,  with 
the  addenda,  that  on  well-grounded  representations  from  Her  Majesty's 
Consuls,  or  the  Chinese  avithorities,  that  the  above  provisions  had 
been  evaded  or  attempted  to  be,  most  stringent  and  decided  measures 
were  to  be  adopted  against  the  offenders.  In  continuation  of  this  the 
appended  Regulations  were  also  issued  relating  to  Pilots,  Custom- 
house Guards,  reporting  Ships  on  Arrival,  Commercial  Dealings 
between  English  and  Chinese  Merchants,  Tonnage  Diies,  Import  and 
Export  Duties,  Examination  of  Goods,  manner  of  Paying  Duties, 
Weights  and  Measures,  Lighters  or  Cargo  Boats,  Transhipment  of 
Goods,  Subordinate  Consular  Officers,  Disputes  between  British 
Subjects  and  Chinese,  British  Government  Cruisers,  and  the  Security 
to  be  given  for  British  Merchants'  Vessels.  These  were  all  confirmed 
by  a  proclamation  of  the  Chinese  authorities  in  July,  1843. 

The  next  Act  passed  on  the  subject  was  the  6  &  7  Vict.  c.  80, 
annexed,  and  on  the  26th  August,  1843, — 1st.  A  British  Commission, 
authorising  the  Superintendent  of  Trade  in  China  to  enact  Laws  and 
Ordinances  for  the   government   of  British   subjects.      2nd.    British 

2  A 


178  THE    CONSULAR    DUTIES    IN    CHINA. 

instructions  to  the  Superintendent  of  Trade  in  China  relative  to  the 
same.  3rd.  A  Commission  providing,  in  the  eA^ent  of  a  vacancy,  for 
the  temporary  exercise  of  the  office  of  said  Superintendent.  On  the 
2nd  October,  1843,  an  Order  in  Council  was  issued  relative  to  the 
execution  of  the  Laws  and  Ordinances  enacted  by  the  said  Superin- 
tendent. 

A  Supplementary  Treaty  was  then  signed  at  Hoomun-Chae  on  the 
8th  of  October,  1843,  in  which  it  was  stated,  that  as  by  Treaty  the 
five  above-mentioned  ports  had  been  thrown  open  to  the  British  trade, 
and  a  Tariff  had  been  established,  the  same  should  be  in  force  at  the 
said  ports  of  Canton,  Foo-chow-foo,  Jmoy,  Ningpo,  and  Shanghai.  That 
all  penalties  under  the  general  Regulations  of  Ti-ade,  July,  1843, 
should  be  appropriated  to  the  Public  Service  of  China.  That  British 
merchants  should  alone  trade  with  such  five  ports,  and  in  the  event 
of  their,  in  contravention  of  the  said  regulations,  repairing  to  other 
ports,  the  Chinese  government  officers  should  be  at  liberty  to  seize 
and  confiscate  both  vessels  and  cargoes.  That  English  merchants 
and  others  residing  or  resorting  to  the  five  ports,  should  not  penetrate 
into  the  surrounding  country  beyond  certain  short  distances  to  be 
named  by  the  local  authorities,  in  concert  with  the  British  Consul, 
and  on  no  pretence  for  purposes  of  traffic.  That  seamen  should  not 
be  allowed  to  land  except  under  certain  restrictions,  and  that  all 
persons  not  acting  accordingly  should  be  liable  to  seizure,  and  to  be 
handed  over  to  the  British  Consul  for  pimishment.  Sect.  vii.  The  regu- 
lations relating  to  the  rent  and  building  of  houses.  Sect.  viii.  That 
the  Emperor  of  China  might  grant  the  same  privileges  to  other  nations. 
Sect.  ix.  That  Chinese  criminals  fleeing  to  the  five  ports  should  be 
handed  to  the  Chinese  authorities,  and  English  subjects  fleeing  to  the 
Chinese  territories,  should  be  handed  to  the  nearest  British  Consular 
officer.  Sect.  x.  Relates  to  an  English  cruiser  being  stationed  at  each 
of  the  five  ports.  Sect.  xi.  The  return  of  the  ports  of  Chusan  and 
Koolangsoo  to  the  Chinese.  Sect.  xii.  To  the  infringement  of  the 
Trade  and  Smuggling.  Sect.  xiii.  To  the  Trading  of  Chinese  to  the 
five  ports.  Sect.  xiv.  The  appointment  of  an  English  officer  to 
examine  the  registers  of  all  Chinese  vessels  repairing  to  such  ports. 
Sect.  XV.  Relates  to  the  debts  incurred  by  Chinese  and  British 
subjects.  Sect.  xvi.  That  a  monthly  return  should  be  made  to  Canton 
of  all  passes  granted  to  vessels  going  to  Hong  Kong.  Sect.  xvii. 
Relates  to  the  Dues,  etc.,  of  British  small  craft. 

On  the  24th  January,  1844,  a  British  Ordinance  was  promulgated 
relative  to  the  trial  and  punishment  of  offences  committed  by  British 
subjects  in  China,  or  within  a  certain  distance  at  sea,  off  the  Chinese 
coast. 


THE   CONSULAR   DUTIES   IN   CHINA.  179 

A  British  Commission  was  also  issued  on  the  9th  February,  1844, 
appointing  the  Chief  Superintendent  of  British  trade  in  China,  and 
providing  for  the  temporary  exercise  of  such  office,  revoking  the 
warrants  of  the  14th  May,  1841,  and  26th  August,  1843,  by  substi- 
tuting John  Francis  Davis  as  Superintendent,  instead  of  Sir  Henry 
Pottinger ;  and  also  on  the  same  date  a  Commission  authorising  the 
said  Supei'intendent  for  Trade  in  China  to  enact  Ordinances  and  Laws 
for  the  government  of  British  subjects.  And  on  the  17th  April,  1844, 
a  British  Order  in  Council  was  issued  relative  to  the  trial  and 
punishment  at  Hong  Kong  or  in  China,  of  offences  committed 
by  British  subjects.  On  the  22nd  February  and  28th  February, 
1844,  notifications  were  published  relating  to  Consular  fees  and  a 
British  ordinance,  which  have  since  been  repealed.  No.  3,  British 
Ordinance  of  25th  February,  1844,  was  then  promulgated,  to  restrain 
masters  of  merchant  vessels  belonging  to  Her  Majesty's  subjects 
from  leaving  seamen  and  others  in  a  destitute  state  in  the  dominions 
of  the  Emperor  of  China,  and  from  refusing  to  convey  distressed 
seamen  from  thence  to  Hong  Kong  or  to  England,  and  also  to  provide 
for  the  good  conduct  of  seamen  within  the  same ;  this  was  however 
partly  superseded  by  Ordinance  No.  2,  of  1816. 

On  the  20th  March,  1844,  another  British  Ordinance  was  issued  to 
restrain  Her  Majesty's  subjects  from  trading  in  the  Empire  of  China  to 
the  northward  of  the  twenty-second  degree  of  north  latitude.  The  5th 
British  Ordinance  of  the  year  1844  was  to  carry  into  effect  the  Treaties 
between  Great  Britain  and  China,  and  to  indemnify  Her  Majesty's 
Consuls,  and  all  other  persons  in  China,  who  may  have  assisted  therein. 
No.  6,  dated  the  19th  August,  1844,  to  "  authorize  the  execution  of  the 
process  of  the  Supreme  Court  of  Hong  Kong,  in  certain  parts,  within 
the  dominions  of  the  Emperor  of  China,"  was  repealed  by  Ordinance 
No.  1,  of  1847.  The  7th  and  last  Ordinance  of  1844,  dated  the  20th 
November,  is  for  the  better  administration  of  justice  in  the  Consular 
Courts,  and  to  establish  a  registration  of  British  subjects  within  the 
dominions  of  the  Emperor  of  China.  The  commencement  of  the 
Ordinances  relating  to  China  in  1845  has  date  the  7th  July,  and  is. 
No.  1,  to  amend  the  Ordinance  No.  7,  1844,  intituled,  "  An  Ordinance 
for  the  better  administration  of  Justice  in  Consular  Courts,"  etc.  This 
year  finishes  by  British  notifications,  announcing  equal  toleration  by 
the  Chinese  Government  to  Protestants  and  Papists,  dated  the  23rd 
December. 

Early  in  1846  we  come  to  a  notification  (19th  January,  184G),  an- 
nouncing the  recognition  by  the  Chinese  government  of  equal  rights  of 
British  subjects  at  Canton  and  the  other  four  ports.    Ordinance  No.  I, 


180  THE    CONSULAR   DUTIES    IN    CHINA. 

of  1846,  is  to  amend  No.  4,  of  1844  ;  and  No.  2,  of  the  same  year,  that 
of  No.  3  in  1844,  by  altering  the  form  of  bond. 

Passing  now  to  the  year  1847,  the  first  notification  issued  is  that  of 
the  4th  March,  fixing  the  rates  of  pilotage  in  the  Chinese  ports  of 
trade. 

The  first  ordinance  passed  in  this  year  commences  with  No.  1,  dated 
the  11th  March,  being  to  repeal  and  amend  certain  Ordinances  relating 
to  Her  Majesty's  Consular  Officers  in  China,  and  substituting  other 
provisions  in  lieu  thereof.  No.  2,  dated  12th  August,  1847,  has  refer- 
ence to  the  better  maintenance  of  order  among  British  subjects  residing 
in  or  resorting  to  the  dominions  of  the  Emperor  of  China,  and  for  the 
effectual  repression  and  punishment  of  crimes  committed  by  British 
subjects  within  the  said  dominions. 

The  next  ordinance.  No.  3,  of  1847,  dated  30th  September,  1847,  has 
reference  to  the  authorization  of  Her  Majesty's  Consular  Officers  to 
adjudicate  in  civil  actions.  This  year  closes  with  a  British  Commis- 
sion appointing  another  superintendent,  and  authorising  him  to  enact, 
with  the  advice  of  the  Legislative  Council  of  the  island  of  Hong  Kong, 
such  laws  and  ordinances  as  may  be  required  for  the  good  government 
of  British  subjects  in  China. 

We  must  now  pass  over  the  year  1848,  and,  proceeding  to  1849,  we 
see  an  Order  in  Council  dated  the  1st  March,  1849,  relative  to  the  spi- 
ritual authority  and  jurisdiction  of  the  See  and  Bishop  of  Victoria. 

Ordinance  No.  1,  of  1849,  dated  the  7th  June,  then  passes  before  us, 
being  an  Ordinance  for  the  better  obtaining  of  evidence  in  the  Consular 
Courts  of  China,  and  to  amend  the  Ordinance  No.  3,  of  1847.  No.  2, 
dated  19th  July,  1849,  proceeds  to  regulate  and  declare  the  duties  and 
office  of  Consvilar  Agent.  No.  3,  and  the  last  but  one  of  the  1849 
Ordinances,  dated  the  19th  July,  is  intituled,  "  for  the  safe  and  better 
custody  of  off"enders  sentenced  to  imprisonment  by  any  of  the  Consular 
Courts  in  the  dominions  of  the  Emperor  of  China."  The  last  Ordinance 
we  have  to  record  relating  to  China  is  No.  4,  of  1849,  dated  the  1st 
August,  repealing  the  one  of  the  same  year.  No.  2,  and  making  provi- 
sions in  lieu  thereof. 

Although  we  have  thus  given  a  brief  outline  of  the  history  and  ordi- 
nances relating  to  the  China  Consulates,  still  it  would  not  form  any 
part  of  our  present  purpose  to  give  hi  extenso  any  of  the  repealed 
Orders  in  Council,  or  Ordinances,  or  those  that  would  not  be  of  much 
interest  to  the  Consul  in  general.  We  have,  therefore,  annexed  chro- 
nologically all  those  of  consequence  in  force. 

We  cannot  close  this  chapter  without  adverting  to  the  recent 
appointment  of    the    learned    Sir  J.   Bowring   to  be    Superintendent 


THE    CONSULAR   DUTIES    IN    CHINA. 


181 


and  Commander-in-Chief  in  China — an  appointment  which  does  honour 
and  credit  to  Her  Majesty's  Government.  May  all  appointments  be 
made  with  the  same  regard  for  talent  as  this. 


PAPERS    RELATING  TO   THE   CONSULAR   DUTIES,    etc.,    IN 

CHINA. 

1.  Act  3  &  4  Wm.  IV.,  cap.  93,  to  regulate  the  Trade  to 

China  and  India 28th  Aug.,  1833 

2.  Order  in  Council,  appointing  a  Court  of  Justice  at 

Canton 9th   Dec,   1833 

3.  Oi'der  in   Council,    transferring   Court   of  Justice  to 

Hong  Kong 4th  Jan.,    1813 

4.  Order   in   Council,   restricting  British  Subjects  from 

Trading,  except  in  certain  Ports         ....  Feb.,  1843 

5.  Treaty  of  Peace  and  Friendship,  Tariff,  Declaration,  )  Aug.,  1842 

and  General  Regulations  of  Trade      .         .         .         .\  June,  1843 

6.  Act  6  &  7  Vict.,  cap.  80  :  an  Act  for  the  better  Govern- 

ment of  Her  Majesty's  Subjects  resorting  to  China    .     22nd  Aug.,  1843 

7.  Supplementary  Treaty Oct.,  1843 

8.  Order  in  Council,  concerning  the  Appointment  and 

Organization  of  Consuls 17th  April,  1844 

9.  Ordinances  passed  in  1844,  and  Cii'cular        .         .         .     12th  Nov.,  1844 

10.  Ordmances  passed  in     ......         ,  1845 

11.  Ordinances  passed  in 1846 

12.  Currency  at  Amoy 1844 

13.  Regulations  established  at  Amoy 1844 

14.  Regulations  at  Ningpo 1844 

15.  Port  Regulations  at  Shanghae 

16.  Regulations  at  Foo-ehow-foo          .....  1845 

17.  Ox'diuances  of 1847 

18.  Regulations  for  anchoi'iug  Shipping      ....  April  4,  1847 

19.  Rates  of  Pdotage 4th  March,  1847 

20.  Ordinances  of 1849 

21.  Act  18  &  19  Vict.,  cap.  104  :  an  Act  for  the  Regulation 

of  Chinese  Passenger  Ships 14th  Aug.,  1855 


182  THE    COXSULAK  DUTIES   IN   CHINA. 

3  &  4  GuLiELMi  IV.,  Cap.  93. 
An  Act  to  regulate  the  Trade  to  China  and  India. 

\2Sth  August,  1833.] 

Whereas  the  exclusive  right  of  tradiug  with  the  dominions 
of  the  Emperor  of  China,  and  of  trading  in  tea,  now  enjoyed 
by  the  United  Company  of  Merchants  of  England  trading  to 
the  East  Indies,  ■will  cease  from  and  after  the  Twenty-second 
day  of  April,  One  thousand  eight  hundred  and  thirty-four  : 
And  whereas  it  is  expedient  that  the  trade  with  China,  and 
the  trade  in  tea,  should  be  open  to  all  His  Majesty's  subjects, 
and  that  the  restrictions  imposed  on  the  trade  of  His  Majesty's 
subjects  with  places  beyond  the  Cape  of  Good  Hope  to  the 
Streights  of  Magellan,  for  the  purpose  of  protecting  the  ex- 
clusive rights  of  trade  heretofore  enjoyed  by  the  said  Com- 
pany, should  be  removed  :  Be  it  therefore  enacted  by  the 
King's  most  Excellent  Majesty,  by  and  with  the  advice  and 
consent  of  the  Lords  Spiritual  and  Temporal,  and  Commons, 
in  this  present  Parliament  assembled,  and  by  the  authority 
Repeal  of  of  the  same.  That  from  and  after  the  said  Twenty-second  day 
4,'c.  8o',  ex-  °^  April,  One  thousand  eight  hundred  and  thirty-four  an  Act 

cept  as  here- passed  in  the  Fourth  year  of  the  reign  of  His  late  Maiestv 
in  men-  -^^  _  *'  °  J        J 

tioned.  King  George  the  Fourth,  intituled  An  Act  to  consolidate  and 

amend  the  several  Laws  now  in  force  Avith  respect  to  Trade 
from  and  to  places  within  the  limits  of  the  charter  of  the 
East  India  Company,  and  to  make  further  provisions  with 
respect  to  such  trade,  and  to  amend  an  Act  of  the  present 
Session  of  Parliament,  for  the  registering  of  vessels,  so  far  as 
it  relates  to  vessels  registered  in  India,  shall  be  repealed, 
except  such  parts  thereof  as  relate  to  Asiatic  sailors,  Lascars, 
being  natives  of  the  territories  under  the  government  of  the 
East  India  Company,  but  so  as  not  to  revive  any  Acts  or 
parts  of  Acts  by  the  said  Act  repealed ;  and  except  also  as  to 
such  voyages  and  adventures  as  shall  have  been  actually 
commenced  under  the  authority  of  the  said  Act ;  and  except 
as  to  any  suits  and  proceedings  which  may  have  been  com- 
menced, and  shall  be  depending  on  the  said  Twenty-second 
day  of  April,  One  thousand  eight  hundred  and  thirty-four ; 
and  from  and  after  the  said  Twenty-second  day  of  April,  One 
thousand  eight  hundred  and  thirty-four  the  enactments  here- 
inafter contained  shall  come  into  operation. 

Repeal  of  II.  And  be  it  further  enacted.  That  so   much  of  an   Act 

prohibitions  i,-i  t^     -,  ■  <.tt-i  m- 

upon  the  ira- passed  in  the  Sixth  year  of  the  reign  ol   His  late  Majesty 


THE   CONSULAR   DUTIES    IN    CHINA.  183 

King  George  the  Fourth,  intituled  An  Act  for  the  general  portation  of 
regulation  of  the  Customs,  as  prohibits  the  importation  of  go^drfrom 
tea,  imless  from  the  place  of  its  growth,  and  by  the  East  '^os"(f'b'."6 
India  Company,  and  into  the  port  of  London  ;  and  also  so  g.  4,  c.  107, 
much  of  the  said  Act  as  prohibits  the  importation  into  thee.  114. 
United  Kingdom  of  goods  from  China,  unless  by  the 'East 
India  Company,  and  into  the  port  of  London ;  and  also  so 
much  of  the  said  Act  as  requires  that  the  manifests  of  ships 
departing  from  places  in  China  shall  be  authenticated  by  the 
chief  supercargo  of  the  East  India  Company:  and  also  that 
so  much  of  another  Act  passed  in  the  said  Sixth  year  of  the 
reign  of  His  said  late  Majesty  King  George  the  Fourth,  in- 
tituled An  Act  to  regulate  the  trade  of  the  British  posses- 
sions abroad,  as  prohibits  the  importation  of  tea  into  any  of 
the  British  possessions  in  America,  and  into  the  Island  of 
Mauritius,  except  from  the  United  Kingdom,  or  from  some 
other  British  possessions  in  America,  and  unless  by  the  East 
India  Company,  or  with  their  licence,  shall  be,  from  and  after 
the  Twenty-second  day  of  April,  One  thousand  eight  hundred 
and  thirty-four,  repealed ;  and  thenceforth  (notwithstanding  All  British 
any  provision,  enactment,  matter,  or  thing  made  for  the  pur-carry'on"'^^ 
pose  of  protecting  the  exclusive  rights  of  trade  heretofore  [\^'^r  '"'^'").'' 
enioved  by  the   said  Companv,  in  any  charter  of  the  said  GoodHopeto 

^.  .         ,  -1     .  1  .  /.  T,      ■,.  theStreiijhts 

Company,  m  the   said  Act  or   any  other  Act  01  larhament  of  Magellan, 
contained)  it  shall  be  lawful  for  any  of  His  Majesty's  subjects 
to  carry  on  trade  \^ith  any  countries  beyond  the  Cape  of 
Good  Hope  to  the  Streights  of  Magellan. 

III.  Provided  always,  and  be  it  enacted.  That  the  person  L'sf  of  per- 

,         .  ,1  i"^      /.  1  •  1  •    •  sons  on 

havmg  the  command  01  any  ship   or  vessel  arriving  at  any  board  any 
place  in  the  possession  of  or  under  the  government  of  the  i^n  Y'lfii'^  t" ^ 
said  Company  shall  make  out,  sign,  and  deliver  to  the  prin-  ^'^  delivered 

^       -^  '       »    '  ^  to  oHicers  of 

cipal  officer  of  the  Customs,  or  other  person  thereunto  law-  Customs. 

fully  authorised,  a  true  and  perfect  list,  specifying  the  names, 

capacities,  and  description  of  all  persons  who  shall  have  been 

on  board  such  ship  or  vessel  at  the  time  of  its  arrival ;  and 

if  any  person  having  the  command  of  such  ship  or  vessel  Penalty  for 

shall  not  make  out,  sign,  and  deliver  such  list,  he  shall  for-  "'^^^  ^^  ' 

feit  One  hundred  pounds,  one  half  part  of  which  penalty 

shall  belong  to  such  person  or  persons  as  shall  inform  or  sue 

for  the  same,  and  the  other  half  part  to  the  said  Company  ; 

and  if  the  said  Company  shall  inform  or  sue  for  the  same, 

then  the  whole  of  the  said  penalty  shall  belong  to  the  said 

Company. 


184  THE   CONSULAR   DUTIES   IN   CHINA. 

Penalties,  IV.  And  be  it  enacted,   That  the  penalty   or  forfeitvire 

hnw  recover-     „.,,,,,  x  . 

able.  aforesaid  shall  be  recoverable  by  action  of  debt,  bill,  plaint, 

or  information  in  any  of  His  Majesty's  Courts  of  Record  in 
the  United  Kingdom  of  Great  Britain  and  Ireland,  and  in 
India  or  elsewhere,  or  in  any  Courts  in  India  to  which  juris- 
diction may  hereafter  be  given  by  the  Governor-General  of 
India  in   Council  in  that  behalf,  to   be   commenced  in  the 
county,  presidency,  colony,  or  settlement  where  the  offender 
may  happen  to  be  ;  or   by  conviction  in  a  summary  way 
before  two  Justices  of  the  Peace  in  the  United  Kingdom,  or 
in  India,  of  the  county  or  presidency  where  such  offender 
may  happen  to  be ;  and  upon  such  conviction  the  penalty 
or  forfeiture   aforesaid   shall   and    may  be  levied  by   dis- 
tress  and  sale   of  the   goods  and  chattels    of  the  offender ; 
and  for  want  of  such  sufficient  distress  every  such  offender 
may  be  committed  to  the  common  gaol  or  house  of  correction 
for  the  space  of  three  calendar  months. 
Three  super-      V.  And  whereas  it  is  expedient  for  the  objects  of  trade  and 
the  China      amicable  intercourse  with  the  dominions  of  the  Emperor  of 
aifpolnted!    China  that  provision  be  made  for  the   establishment  of  a 
British  authority  in   the   said  dominions  ;   be   it  therefore 
enacted,  That  it  shall  and  may  be  lawful  for  His  Majesty,  by 
any   commission   or   commissions   or   warrant   or   warrants 
under  His  Royal  Sign  Manual,  to  appoint  not  exceeding  three 
of  His  Majesty's  subjects  to  be  Superintendents  of  the  trade 
of  His  Majesty's  subjects  to   and  from  the  said  dominions, 
for  the  purpose  of  protecting  and  promoting  such  trade,  and 
by  any  such  commission  or  warrant  as  aforesaid  to  settle 
such  gradation  and  subordination  among  the  said  Superinten- 
dents (one  of  whom  shall  be  styled  the  Chief  Superintendent), 
and  to  appoint  such  officers  to  assist  them  in  the  execution 
of  their  duties,  and  to  grant  such  salaries  to  such  Super- 
intendents and  officers,  as  His  Majesty  shall  from  time  to 
time  deem  expedient. 
His  Majesty      VI.  And  be  it  enacted,  That  it  shall  and  may  be  lawful  for 
may  issue      His   Majesty,  by  any  such  order  or  orders,  commission  or 
commissions '^°™™^^^^^"^'  ^^  *^  ^^^  Majesty  in  Council  shall  appear  ex- 
to  have  force  pedient  and  salutary,  to  give  to  the  said  Superintendents,  or 
any  of  them,  powers  and  authorities  over  and  in  respect  of 
the  trade  and  commerce  of  His  Majesty's  subjects  within  any 
and  issue      part  of  the  said  dominions  ;  and  to  make  and  issue  directions 
touch'ing"he  ^"^  regulations  touching  the  said  trade  and  commerce,  and 
tr.ide;  fop  the  government  of  His  Majesty's  subjects  within  the  said 


THE    CONSULAR    DUTIES    IN    CHINA.  185 

dominions  ;  and  to  impose  penalties,  forfeitures,  or  imprison- 
ments for  the  breach  of  any  such  directions   or  regulations, 
to  be  enforced  in  such  manner  as  in  the  said  order  or  orders 
shall  be  specified  ;  and  to  create  a  Court  of  Justice  ^^iih  cri-  and  create 
minal  and  Admiralty  jurisdiction  for   the  trial  of  offences  jjf,°"/gfgj 
committed  by  His  Majesty's  subiects  within  the  said  domi- 1."^' "^  "♦'- 

,      ,  11  1  fences  m 

nions,  and  the  ports  and  havens  thereof,  and  on  the  high  that  part, 
seas  within  one  hundred  miles  of  the  coast  of  China  ;  and  to 
appoint  one  of  the  Superintendents  hereinbefore  mentioned 
to  be  the  officer  to  hold  such  Court,  and  other  officers  for 
executing  the  process  thereof;  and  to  grant  such  salaries  to 
such  officers  as  to  His  Majesty  in  Council  shall  appear  rea- 
sonable. 

VII.  And  be  it  enacted,  That  no  Superintendent  or  Com-  Superirten- 
missioner  appointed  under  the  authority  of  this  Act  shall  „q"*j„  ^(.^g't 
accept  for  or  in  discharge  of  his   duties  any  gift,  donation,  S'fts  or  to 
gratuity,  or  reward,   other  than  the   salary  which  may  be 
granted  to  him  as  aforesaid,  or  be  engaged  in  any  trade  or 

traffic  for  his  own  benefit,  or  for  the  benefit  of  any  other 
person  or  persons. 

VIII.  And  be  it  enacted,  That  it  shall  be  lawful  for  His  a  tonnage 

Majesty,  by  and  with  the  advice  of  His  Privy  Coimcil,  by  any  fmpose'd^^o 

order  or  orders  to  be  issued  from  time  to  time,  to  impose?  ^^  appropri- 

.  .  ated  towaiiis 

and  to  empower   such  persons  as   His   Majesty  in  Council  defraying 

iTii-ir-  11  iin  />  '•^6  expense 

shall  think  nt  to  collect  and  levy  irom  or  on  account  of  an^  of  estabiish- 

ship  or  vessel  belonging  to  any  of  the  subjects  of  His  Majesty  cif^^ia^ '" 

entering  any  port  or  place  where  the  said  Superintendents  or 

any  of  them  shall  be  stationed,  such  duty  on  tonnage  and 

goods  as  shall  from  time  to  time  be  specified  in  such  order 

or  orders  not  exceeding  in  respect  of  tonnage  the  sum  of 

five  shillings  for  every  ton,  and  not  exceeding  in  respect  of 

goods  the  sum  of  ten  shillings  for  every  one  hundred  pounds 

of  the  value  of  the  same,  the  fund  arising  from  the  collection 

of  which  duties  shall  be  appropriated,  in  such  manner  as  His 

Majesty  in  Council  shall  direct,  towards  defraying  the  ex- 

pences  of  the  establishments  by  this  Act  authorised  within 

the  said  dominions  :  Provided  always,   that  every  Order  in 

Council  issued  by  authority  of  this  Act  shall  be  published  in 

the  London  Gazette  ;  and  that  every  such  Order  in  Council, 

and  the  amount  of  expence  incurred,  and  of  duties  raised 

under  this  Act,  shall  be  anniially  laid  before  both  Houses  of 

Parliament. 

IX.  And  be  it  enacted,  That  if  any  suit  or  action  shall  be  Limitation 

•2  „  of  actions. 


186  THE   CONSULAR   DUTIES   IX   CHINA. 

brought  against  any  person  or  persons  for  anything  done  in 
pursuance  of  this  Act,  then  and  in  every  such  case  such 
action  or  suit  shall  be  commenced  or  prosecuted  within  six 
months  after  the  fact  committed,  and  not  afterwards,  except 
where  the  cause  of  action  shall  have  arisen  in  any  place  not 
within  the  jurisdiction  of  any  of  His  Majesty's  Courts  having 
civil  jurisdiction,  and  then  within  six  months  after  the  plain- 
tiff or  plaintiffs  and  defendant  or  defendants  shall  have  been 
within  the  jurisdiction  of  any  such  Court ;  and  the  same  and 
every  such  action  or  suit  shall  be  brought  in  the  county  or 
place  where  the  cause  of  action  shall  have  arisen,  and  not 
elsew  here,  except  where  the  cause  of  action  shall  have  arisen 
in  any  place  not  within  the  jurisdiction  of  any  of  His 
Majesty's  Courts  having  civil  jurisdiction  ;  and  the  defendant 
or  defendants  shall  be  entitled  to  the  like  notice,  and  shall 
have  the  like  privilege  of  tendering  amends  to  the  plaintiff 
or  plaio tiffs,  or  their  agent  or  attorney,  as  is  provided  in 
actions  brought  against  any  Justice  of  the  Peace  for  acts 
done  in  the  execution  of  his  office  by  an  Act  passed  in  the 
Twenty-fourth  year  of  the  reign  of  King  George  the  Second, 
24G.  2,  c.  44.  intituled  An  Act  for  the  rendering  Justices  of  the  Peace 
more  safe  in  the  execution  of  their  office,  and  for  indemnify- 
ing constables  and  others  acting  in  obedience  to  their  war- 
General  rants  ;  and  the  defendant  or  defendants  in  every  such  action 
**"«•  ^j,  g^^ijt  may  plead  the   general  issue,  and  give  the  special 

If  action       matter  in  evidence  :  and  if  the  matter  or  thing  complained 
after"time     o^  shall  appear  to  have  been  done  under  the  authority  and 
limited,  &c.  jjj  execution   of  this  Act,  or  if  any  such  action  or  suit  shall 
be  brought  after  the  time  limited  for  bringing  the  same,  or  be 
brought  and  laid  in  any  other  county  or  place  than  the  same 
ought  to  have  been  brought  or  laid  in  as  aforesaid,  then  the 
jury  shall  find  for  the  defendant  or  defendants  ;  and  if  the 
plaintiff  or  plaintiffs  shall  become  nonsuit,  or  discontinue  any 
action  after  the  defendant  or  defendants  shall  have  appeared, 
or  if  a  verdict  shall  pass  against  the  plaintiff"  or  plaintiffs,  or 
if  upon  demurrer  judgment  shall  be  taken  against  the  plaintiff 
or  plaintiffs,  the   defendant   or   defendants   shall  and   may 
Treble  costs,  recover  treble  costs,  and  have  the  like  remedy  for  recovery 
thereof  as  any  defendant  or  defendants  hath  or  have  in  any 
cases  of  law. 


THE   CONSULAR   DUTIES    IN   CHINA.  187 

British  Order  in  Council,  appointing  a  Court  of  Justice  at 
Canton,  for  the  trial  of  Offences  committed  by  British 
Subjects  in  China. — 9th  December,  1833. 

At  the  Court  at  Brighton,  the  Ninth  Day  of  December,  1833. 

Present  : — The  King's  Most  Excellent  Majesty  in  Council. 

Whereas  by  a  certain  Act  of  Parliament,  made  and  passed  in  the 
third  and  fourth  years  of  His  Majesty's  reign,  intituled  "  An  Act  to 
regulate  the  trade  to  China  and  India,"  it  is,  amongst  other  things, 
enacted,  that  it  shall  and  may  be  lawful  for  His  Majesty,  by  any  such 
Order  or  Orders  as  to  His  Majesty  in  Council  shall  appear  expedient 
and  salutary,  to  create  a  Court  of  Justice,  with  criminal  and  Admiralty 
jurisdiction,  for  the  trial  of  offences  comiftitted  by  his  Majesty's 
subjects  mthin  the  dominions  of  the  Emperor  of  China,  and  the  ports 
and  havens  thereof,  and  on  the  high  seas  within  one  hundred  miles 
of  the  coast  of  China,  and  to  appoint  one  of  the  superintendents  in 
the  said  Act  mentioned,  to  be  the  officer  to  hold  such  Court,  and  other 
officers  for  executing  the  process  thereof;  now,  therefore,  in  pursuance 
of  the  said  Act,  and  in  execution  of  the  powers  thereby  in  His 
Majesty  in  Council  in  that  behalf  vested,  it  is  hereby  ordered  by  His 
Majesty,  by  and  with  the  advice  of  His  Privy  Council,  that  there  shall 
be  a  Court  of  Justice  with  criminal  and  Admii-alty  jurisdiction,  for  the 
purposes  aforesaid,  which  Court  shall  be  holden  at  Canton,  in  the  said 
dominions,  or  on  board  any  British  ship  or  vessel  in  the  port  or  har- 
bour of  Canton,  and  that  the  said  Court  shall  be  holden  by  the  Chief 
Superintendent  for  the  time  being,  appointed  or  to  be  appointed,  by 
His  Majesty,  under  and  in  pursuance  of  the  said  Act  of  Parliament : 

And  it  is  further  ordered,  that  the  practice  and  proceedings  of  the 
said  Court,  upon  the  trial  of  all  issues  of  fact  or  law,  to  be  joined  upon 
any  indictments  or  informations  to  be  therein  brought  or  prosecuted, 
shall  be  conformable  to  and  correspond  with  the  practice  and  pro- 
ceedings of  the  Courts  of  Oyer  and  Terminer  and  Gaol  Delivery  in 
England,  upon  the  trial  of  such  issues  in  such  Courts,  so  far  as  it  may 
be  practicable  to  maintain  such  conformity  and  correspondence,  regard 
being  had  to  the  difference  of  local  circumstances  ;  and,  especially,  it 
is  hereby  ordered,  that  every  such  trial  of  any  such  issue  of  fact, 
or  of  mixed  fact  and  law,  shall  be  by  the  said  Chief  Superintendent  for 
the  time  being,  and  a  jury  of  twelve  men ;  and  that  upon  every  such 
trial  the  examination  of  witnesses  for  and  against  the  party  or  parties 
charged  shall  take  place,  viva  voce,  in  open  Court ;  and  that  the  sen- 
tence or  judgment  of  the  said  Court  upon  every  such  trial,  founded 
upon  the  verdict  of  such  jury,  shall  be  pronounced  in  open  Court 
by  such  chief  superintendent  as  the  presiding  judge  thereof: 


188  THE    CONSULAR    DUTIES    IN    CHINA. 

And  whereas  it  will  be  necessary  to  frame  and  prescribe  rules  of 
practice  and  proceeding  to  be  observed  npon  all  such  prosecutions,  in 
order  to  ascertain  how  far  the  same  can  be  brought  into  conformity 
with  the  practice  and  proceeding  of  His  Majesty's  Courts  of  Oyer  and 
Terminer  and  Gaol  Delivery  in  England ;  and  how  far  it  may  be  neces- 
sary to  deviate  from  such  practice  and  proceeding  by  reason  of  the 
differences  of  local  circumstances,  it  is,  therefore,  further  ordered, 
that  such  Chief  Superintendent  for  the  time  being,  shall  be,  and  he  is 
hereby  authorised  from  time  to  time,  but  subject  to  the  provisions 
aforesaid,  to  promulgate  all  such  rules  of  practice  and  proceeding  as 
it  may  be  necessary  to  adopt  and  follow,  upon,  or  previously  to,  the 
commitment  of  any  person  to  take  his  trial  in  the  said  Court ;  and 
respecting  the  taking  of  bail  for  the  appearance  of  any  such  person  at 
such  trial ;  and  respecting  the  form  and  manner  of  preferring  and 
finding  indictments,  and  of  exhibiting  criminal  informations  against 
any  persons  charged  with  any  crimes  or  offences  before  the  said  Court; 
and  respecting  the  manner  of  summoning  and  convening  jurors  for 
the  trial  of  such  indictments,  or  informations  ;  and  respecting  quali- 
fications of  such  jurors,  and  the  mode  of  summoning  and  compelling 
the  attendance  of  witnesses  ;  and  respecting  the  process  of  the  said 
Court,  and  the  mode  of  carrying  the  same  into  execution ;  and 
respecting  the  times  and  places  of  holding  such  Courts,  and  the  duties 
of  the  respective  ministerial  officers  attending  the  same,  whom  he  is 
hereby  avithorised  to  appoint  provisionally,  subject  to  His  Majesty's 
approbation  ;  and  also  respecting  every  other  matter  and  thing 
connected  with  the  administration  of  justice  therein,  which  it  may  be 
found  necessary  to  regulate  : 

And  it  is  further  ordered,  that  all  rules  so  to  be  promulgated  as 
aforesaid,  shall  be  binding  and  take  effect  from  the  respective  days  of 
the  dates  thereof,  but  that  the  same  shall  by  such  Chief  Superin- 
tendent be  transmitted  to  one  of  His  Majesty's  principal  Secretaries  of 
State,  for  His  Majesty's  approbation  or  disallowance,  and  that  any 
such  rule  should  cease  to  be  binding,  or  to  have  any  force  or  effect, 
from  and  after  the  time  of  which  His  Majesty's  disallowance  thereof 
shall  be  made  known  to  such  chief  superintendent  for  the  time  being: 

And  it  is  further  ordered,  that  a  record  shall  be  duly  made  and  pre- 
served of  all  the  proceedings,  judgments,  and  sentences  of  the  said 
Court,  which  record  shall  be  retained  in  the  custody  of  an  officer  of 
the  said  Court  to  be  by  the  chief  supermtendent  especially  charged 
with  the  performance  of  that  duty  : 

And  the  Right  Honourable  Viscount  Palmerston,  one  of  His  Ma- 
jesty's Principal  Secretaries  of  State,  is  to  give  the  necessary  directions 
herein  accordingly.  C.  C.  Greville. 


THE    CONSULAR    DUTIES    IN    CHINA.  189 

British  Order  in  Council,  transferring  the  Court  of  Justice 
FROM  Canton  to  Hong-Kong,  for  the  Trial  of  Offences  com- 
mitted  BY  British   Subjects   in   China. — 4tli  January,  1843. 

At  the  Court  of  Windsor,  the  4tli  day  of  January,  1843. 
Present: — The  Queen's  Most  Excellent  Majesty  in  Council. 

Whereas  by  an  Act  of  Parliament,  made  and  passed  in  the  session 
of  Parliament  holden  in  the  third  and  fourth  years  of  the  reign  of 
His  late  Majesty  King  William  the  Fourth,  intituled,  "  An  Act  to  Regu- 
late the  Trade  to  China  and  India,"  it  was,  amongst  other  things, 
enacted  that  it  should  and  might  be  lawful  for  His  said  Majesty,  by 
any  such  order  or  orders  as  to  His  said  Majesty  in  Council  should 
appear  expedient  and  salutary,  to  create  a  Court  of  Justice,  with 
criminal  and  Admiralty  jurisdiction,  for  the  trial  of  offences  committed 
by  His  said  Majesty's  subjects  Avithin  the  dominions  of  the  Emperor  of 
China,  and  the  ports  and  havens  thereof,  and  on  the  high  seas  within 
100  miles  of  the  coast  of  China  ;  and  to  appoint  one  of  the  superin- 
tendents in  the  said  Act  mentioned  to  be  the  officer  to  hold  such  Court, 
and  other  officers  for  executing  the  process  thereof: 

And  whereas,  in  pursuance  of  the  said  Act,  and  in  execution  of  the 
powers  thereby  in  His  said  late  Majesty  in  Council  in  that  behalf 
vested,  it  was,  by  an  order,  dated  the  9th  day  of  December,  1833, 
ordered  by  His  said  late  Majesty,  by  and  with  the  advice  of  his  Privy 
Council,  that  there  should  be  a  Court  of  Justice,  with  criminal  and 
Admiralty  jurisdiction,  for  the  purposes  aforesaid  ;  which  Court  should 
be  holden  at  Canton,  in  the  said  dominions,  or  on  board  any  British 
ship  or  vessel  in  the  port  or  harbour  of  Canton ;  and  that  the  said 
Court  should  be  holden  by  the  Chief  Superintendent  for  the  time  being, 
appointed,  or  to  be  appointed,  by  His  said  late  Majesty,  under  and  in 
pursuance  of  the  said  Act  of  Parliament : 

And  whereas  it  is  expedient  that  the  said  Court  of  Justice  should 
henceforth  be  holden  in  the  island  of  Hong-Kong  ;  now,  therefore,  in 
further  pursuance  of  the  said  Act,  and  of  the  powers  thereby  in  Her 
Majesty  in  Council  in  that  behalf  vested,  and  of  all  other  powers  to 
Her  Majesty  belonging,  or  in  any  wise  appertaining,  it  is  hereby 
ordered  by  Her  Majesty,  by  and  with  the  advice  of  her  Privy  Council, 
that  the  said  Court  shall  henceforth  be  holden  in  the  island  of  Hong- 
Kong,  and  that  the  same  shall  have  and  exercise  jurisdiction  for  the 
trial  of  offences  committed  by  Her  Majesty's  subjects  within  the  said 
island,  and  vrithin  the  dominions  of  the  Emperor  of  China,  and  the 
ports  and  havens  thereof,  and  on  the  high  seas  within  100  miles  of  the 
coast  of  China ;  and  it  is  hereby  further  ordered,  that  the  said  Court 
shall  be  holden  by  the  Chief  Superintendent  for  the  time  being  ap- 


190  THE   CONSULAR   DUTIES   IN   CHINA. 

pointed  or  to  be  appointed  by  Her  Majesty,  under  and  in  pursuance  of 
the  said  Act : 

And  Her  Majesty,  by  and  with  the  advice  of  her  said  Council,  doth 
hereby  confirm,  in  all  other  respects,  the  said  Order  of  His  said  late 
Majesty  in  Council,  dated  the  9th  December,  1833. 

And  the  Right  Honourable  the  Earl  of  Aberdeen,  one  of  Her  Ma- 
jesty's Principal  Secretaries  of  State,  is  to  give  the  necessary  directions 
therein  accordingly.  C.  C.  Greville. 


British  Order  in  Council,  restricting  the  Trade  of  British 
Subjects  with  China  to  Certain  Chinese  Ports. — 24th  February, 
1843. 

At  the  Court  at  Buckingham  Palace,  the  24th  day  of  February,  1843. 

Present : — The  Queen's  Most  Excellent  Majesty  in  Council. 

Whereas  by  an  Act,  passed  in  the  session  of  Parliament  holden  in  the 
third  and  fourth  year  of  the  reign  of  His  late  Majesty  King  William 
the  Fourth,  intituled,  "  An  Act  to  Regulate  the  Trade  to  China  and 
India,"  it  was,  amongst  other  things,  enacted,  that  it  should  and  might 
be  lawfid  for  His  Majesty,  by  any  such  order  or  orders,  Commission 
or  Commissions,  as  to  His  Majesty  in  Council  should  appear  expedient 
and  salutary,  to  give  to  the  superintendents  in  the  said  Act  mentioned, 
or  to  any  of  them,  powers  and  authorities  over,  and  in  respect  of,  the 
trade  and  commerce  of  His  Majesty's  subjects  within  any  part  of  the 
dominions  of  the  Emperor  of  China,  and  to  make  and  issue  directions 
and  regulations  touching  the  said  trade  and  commerce,  and  for  the 
government  of  His  Majesty's  subjects  within  the  said  dominions,  and 
to  impose  penalties,  forfeitures,  or  imprisonments,  for  the  breach  of 
any  such  directions  or  regulations,  to  be  enforced  in  such  manner  as 
in  the  said  order  or  orders  should  be  specified  : 

Now,  therefore,  Her  Majesty  is  pleased,  by  and  with  the  advice  of 
her  Privy  Council,  to  prohibit,  and  doth  hereby  prohibit,  her  subjects 
from  resorting,  for  the  purpose  of  trade  and  commerce,  to  any  other 
ports  m  the  dominions  of  the  Emperor  of  China  than  those  of  Canton, 
Amoy,  Foo-chow-foo,  Ningpo,  and  Shanghae,  or  than  may  be  in  the 
occupation  of  Her  Majesty's  forces  ;  and  Her  Majesty  is  pleased  to 
order,  that  any  of  her  subjects,  committing  a  breach  or  violation  of  this 
direction  shall,  upon  conviction  thereof  in  any  of  Her  Majesty's  Courts 
of  Record  or  Vice- Admiralty,  be  for  every  such  oflFence  liable  to  a  penalty 
not  exceeding £100,  or  to  imprisonment,  for  a  term  not  exceeding  three 
months,  at  the  discretion  of  the  Court  before  which  the  conviction  shall 


THE    CONSULAR    DUTIES    IN    CHINA.  191 

take  place  ;  and  Her  Majesty  is  hereby  further  pleased  to  order,  that 
all  proceedings  which  may  be  had  under  this  order  shall  be,  as  far  as 
circumstances  will  permit,  in  conformity  with  the  law  of  England. 

And  the  Right  Honourable  the  Earl  of  Aberdeen,  and  the  Right 
Honourable  Lord  Stanley,  two  of  Her  Majesty's  Principal  Secretaries 
of  State  ;  the  Lords  Commissioners  of  Her  Majesty's  Treasury  ;  and  the 
Commissioners  for  executing  the  office  of  Lord  High  Admiral ;  are  to 
give  the  necessary  directions  herein  as  to  them  may  respectively 
appertain.  Wm.  L.  Bathurst. 


Treaty  of  Peace  and  Friendship  between  Her  Majesty  and 
THE  Emperor  of  China,  Signed  (in  the  English  and  Chinese 
Languages),  at  Nanking,  August  29,  1842. 

[^Ratifications  exchanged  at  Hong  Kong,  June  26,  1843.] 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  and  His  Majesty  the  Emperor  of  China,  being  desirous  of  put- 
ting an  end  to  the  misunderstandings  and  consequent  hostilities  which 
have  arisen  between  the  two  countries,  have  resolved  to  conclude  a 
treaty  for  that  purpose,  and  have  therefore  named  as  their  Plenipo- 
tentiaries, that  is  to  say  : 

Her  Majesty  the  Queen  of  Great  Britain  and  Ireland,  Sir  Henry 
Pottinger,  Bart.,  a  Major-General  in  the  service  of  the  East  India 
Company,  &c.,  &c. ; 

And  His  Imperial  Majesty  the  Emperor  of  China,  the  High  Commis- 
sioners Keying,  a  Member  of  the  Imperial  House,  a  Guardian  of  the 
Crown  Prince,  and  General  of  the  garrison  of  Canton  ;  and  Elepoo,  of 
the  Imperial  Kindred,  graciously  permitted  to  wear  the  insignia  of  the 
first  rank,  and  the  distinction  of  a  peacock's  feather,  lately  Minister 
and  Governor-General,  &c.,  and  now  Lieutenant-General  commanding 
at  Chapoo  :  * 

Who,  after  having  communicated  to  each  other  their  respective  full 
powers,  and  found  them  to  be  in  good  and  due  form,  have  agreed  upon 
and  concluded  the  following  articles  : — 

Article  1.  There  shall  henceforward  be  peace  and  fi-iendship  between 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland  and  His  Majesty  the  Emperor  of  China,  and  between  their 
respective  subjects,  who  shall  enjoy  full  security  and  protection  for 
their  persons  and  property  within  the  dominions  of  the  other. 

*  Although  only  two  Chinese  Plenipotentiaries  are  here  named,  the  Treaty 
was  in  fact  signed  by  three. 


192  THE    CONSULAR    DUTIES    IN    CHINA. 

Article  2.  His  Majesty  the  Emperor  of  China  agrees,  that  British 
subjects,  with  their  families  and  establishments,  shall  be  allowed  to 
reside,  for  the  purpose  of  carrying  on  their  mercantile  pursuits,  with- 
out molestation  or  restraint,  at  the  cities  and  towns  of  Canton,  Amoy, 
Foo-chow-foo,  Ningpo,  and  Shanghai ;  and  Her  Majesty  the  Queen  of 
Great  Britain,  &c.,  will  appoint  Superintendents,  or  Consular  Officers, 
to  reside  at  each  of  the  above-named  cities  or  towns,  to  be  the  medium 
of  communication  between  tte  Chinese  authorities  and  the  said  mer- 
chants, and  to  see  that  the  just  duties  and  other  dues  of  the  Chinese 
Government,  as  hereafter  provided  for,  are  duly  discharged  by  Her 
Britannick  Majesty's  subjects. 

Article  3.  It  being  obviously  necessary  and  desirable  that  British 
subjects  should  have  some  port  whereat  they  may  careen  and  refit 
their  ships  when  required,  and  keep  stores  for  that  purpose.  His 
Majesty  the  Emperor  of  China  cedes  to  Her  Majesty  the  Queen  of 
Great  Britain,  &c.,  the  Island  of  Hong  Kong,  to  be  possessed  in  per- 
petuity by  Her  Britannick  Majesty,  her  heirs  and  successors,  and  to 
be  governed  by  such  laws  and  regulations  as  Her  Majesty  the  Queen 
of  Great  Britain,  &c.,  shall  see  fit  to  direct. 

Article  4.  The  Emperor  of  China  agrees  to  pay  the  sum  of  six 
millions  of  dollars,,  as  the  value  of  the  opium  which  was  delivered  up 
at  Canton  in  the  month  of  March,  1839,  as  a  ransom  for  the  lives  of 
Her  Britannick  Majesty's  Superintendent  and  subjects,  who  had  been 
imprisoned  and  threatened  with  death  by  the  Chinese  high  officers. 

Article  5.  The  Governor  of  China  having  compelled  the  British 
merchants  trading  at  Canton  to  deal  exclusively  with  certain  Chinese 
merchants,  called  Hong  merchants  or  (Co-Hong),  who  had  been 
licensed  by  the  Chinese  Government  for  that  purpose,  the  Emperor  of 
China  agrees  to  abolish  that  practice  in  future  at  all  j^orts  where 
British  merchants  may  reside,  and  to  permit  them  to  carry  on  their 
mercantile  transactions  with  whatever  persons  they  please  ;  and  His 
Imperial  Majesty  further  agrees  to  pay  to  the  British  Government  the 
sum  of  three  millions  of  dollars,  on  account  of  debts  due  to  British 
subjects  by  some  of  the  said  Hong  merchants,  or  Co-Hong,  who  have 
become  insolvent,  and  who  owe  very  large  sums  of  money  to  subjects 
of  Her  Britannick  Majesty. 

Article  6.  The  Government  of  Her  Britannick  Majesty  having  been 
obliged  to  send  out  an  expedition  to  demand  and  obtain  redress  for 
the  violent  and  unjust  proceedings  of  the  Chinese  high  authorities 
towards  Her  Britannick  Majesty's  officer  and  subjects,  the  Emperor  of 
China  agrees  to  pay  the  sum  of  twelve  millions  of  dollars,  on  account 
of  the  expences  incurred ;  and  Her  Britannick  Majesty's  Plenipoten- 
tiary voluntarily  agrees,  on  behalf  of  Her  Majesty,  to  deduct  from  the 


THE  CONSUL  AH    DUTIES    IN    CHINA.  193 

said  amount  of  twelve  millions  of  dollars,  any  sums  which  may  have 
been  received  by  Her  Majesty's  combined  forces,  as  ransom  for  cities 
and  towns  in  China,  subsequent  to  the  1st  day  of  August,  1841. 

Article  7. — It  is  agreed  that  the  total  amount  of  twenty-one  millions 
of  dollars,  described  in  the  three  preceding  Articles,  shall  be  paid  as 
follows  : — 

Six  millions  immediately. 

Six  millions  in  1843;  that  is,  three  millions  on  or  before  the  30th 
of  the  month  of  June, 'and  three  millions  on  or  before  the  31st  of 
December. 

Five  millions  in  1844  ;  that  is,  two  millions  and  a  half  on  or  before 
the  30th  of  June,  and  two  millions  and  a  half  on  or  before  the  31st  of 
December. 

Four  millions  in  1845  ;  that  is,  two  millions  on  or  before  the  30th  of 
June,  and  two  millions  on  or  before  the  31st  of  December. 

And  it  is  further  stipulated,  that  interest,  at  the  rate  of  five  per 
cent,  per  annum,  shall  be  paid  by  the  Government  of  China  on  any 
portion  of  the  above  sums  that  are  not  punctually  discharged  at  the 
periods  fixed. 

Article  8. — The  Emperor  of  China  agrees  to  release,  unconditionally, 
all  subjects  of  Her  Britannic  Majesty  (whether  natives  of  Europe  or 
India),  who  may  be  in  confinement  at  this  moment  in  any  part  of  the 
Chinese  Empire. 

Article  9. — The  Emperor  of  China  agrees  to  publish  and  promulgate, 
under  His  Imperial  sign  manual  and  seal,  a  full  and  entire  amnesty 
and  act  of  indemnity  to  all  subjects  of  China,  on  account  of  their 
having  resided  under,  or  having  had  dealings  and  intercourse  with,  or 
having  entered  the  service  of.  Her  Britannic  Majesty,  or  of  Her 
Majesty's  officers;  and  His  Imperial  Majesty .  further  engages  to 
release  all  Chinese  subjects  who  may  be  at  this  moment  in  confine- 
ment for  similar  reasons. 

Article  10. — His  Majesty  the  Emperor  of  China  agrees  to  establish 
at  all  the  ports  which  are,  by  the  second  article  of  this  Treaty, 
to  be  thrown  open  for  the  resort  of  British  merchants,  a  fair  and 
regular  Tariff"  of  export  and  import  customs  and  other  dues,  which 
Tariff  shall  be  piiblickly  notified  and  promulgated  for  general  informa- 
tion ;  and  the  Emperor  further  engages,  that  when  British  mer- 
chandise shall  have  once  paid  at  any  of  the  said  ports  the  regulated 
customs  and  dues,  agreeable  to  the  Tariff"  to  be  hereafter  fixed,  such 
merchandise  may  be  conveyed  by  Chinese  merchants  to  any  proA'ince 
or  city  in  the  interior  of  the  Empire  of  China,  on  paying  a  further 
amount  as  transit  duties,  which  shall  not  exceed*  per  cent,  on  the 

Tariff  value  of  such  goods. 

*  See  Declaration  on  this  subject,  which  follows  the  Treat}-. 
2  c 


194  THE   CONSULAR   DUTIES    IN   CHINA. 

Article  11. — It  is  agreed  that  Her  Britannic  Majesty's  Chief  High 
Officer  in  China  shall  correspond  with  the  Chinese  High  Officers,  both 
at  the  capital  and  in  the  provinces,  under  the  term  "communication  ;" 
the  subordinate  British  Officers  and  Chinese  High  Officers  in  the  pro- 
vinces, under  the  terras  "  statement  "  on  the  part  of  the  former,  and 
on  the  part  of  the  latter,  "  declaration,"  and  the  subordinates  of  both 
countries  on  a  footing  of  perfect  equality:  merchants  and  others  not 
holding  official  situations,  and  therefore  not  included  in  the  above,  on 
both  sides,  to  use  the  term  "  representation  "  in  all  papers  addressed 
to,  or  intended  for  the  notice  of,  the  respective  Governments. 

Article  12. — On  the  assent  of  the  Emperor  of  China  to  this  Treaty 
being  received,  and  the  discharge  of  the  first  instalment  of  money. 
Her  Britannic  Majesty's  forces  will  retire  from  Nanking  and  the  Grand 
Canal,  and  will  no  longer  molest  or  stop  the  trade  of  China.  The 
military  post  at  Chinhai  will  also  be  Avithdrawn ;  but  the  Islands  of 
Koolangsoo,  and  that  of  Chusan,  will  continue  to  be  held  by  Her 
Majesty's  forces  until  the  money  payments,  and  the  arrangements  for 
opening  the  ports  to  British  merchants,  be  completed. 

Article  13. — The  Ratification  of  this  Treaty  by  Her  Majesty  the 
Queen  of  Green  Britain,  &c.,  and  his  Majesty  the  Emperor  of  China, 
shall  be  exchanged  as  soon  as  the  great  distance  which  separates 
England  from  China  will  admit ;  but  in  the  meantime,  counterpart 
copies  of  it,  signed  and  sealed  by  the  Plenipotentiaries  on  behalf  of 
their  respective  Sovereigns,  shall  be  mutually  delivered,  and  all  its 
provisions  and  arrangements  shall  take  effect. 

Done  at  Nanking,  and  signed  and  sealed  by  the  Plenipotentiaries 
on  board  Her  Britannic  Majesty's  ship  "  Cornwallis,"  this  Twenty- 
ninth  Day  of  August,  1842;  corresponding  with  the  Chinese  date. 
Twenty-fourth  Day  of  the  Seventh  Month,  in  the  Twenty-second  Year 
of  Taoukwang. 

(l.s.)  Henry  Pottinger, 

Her  Majesty's  Plenipotentiary. 
And   also  the   Signatures  and  Seals  of  Three 
Chinese  Plenipotentiaries. 


Declaration   respecting  Transit  Duties. 

[Signed  in  the  English  and  Chinese  Langtiages.'] 

"Whereas  by  the  Tenth  Article  of  the  Treaty  between  Her  Majesty 
the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  and 
His  Majesty  the  Emperor  of  China,  concluded  and  signed  on  board 


THE   CONSULAR   DUTIES   IN   CHINA.  195 

Her  Britainiic  Majesty's  ship  "  Coniwallis,"  at  Nanking,  on  the 
Twenty-ninth  Day  of  August,  1842,  corresponding  with  the  Chinese 
date  Twenty-fourth  Day  of  the  Seventh  Month,  in  the  Twenty-second 
Year  of  Taoukwang,  it  is  stipulated  and  agreed,  that  His  Majesty  the 
Emperor  of  China  shall  establish  at  all  the  ports  which,  by  the  Second 
Article  of  the  said  Treaty,  are  to  be  thrown  open  for  the  resort  of 
British  merchants,  a  fair  and  regular  Tariff  of  export  and  import 
customs  and  other  dues,  whicli  Tariff  shall  be  publickly  notified  and 
promulgated  for  general  information ;  and  further,  that  when  British 
merchandise  shall  have  once  paid,  at  any  of  the  said  ports,  the 
regulated  customs  and  dues,  agreeably  to  the  Tariff  to  be  hereafter 
fixed;  such  mBi-chandise  may  be  conveyed  by  Chinese  merchants  to 
any  province  or  city  in  the  interior  of  the  Empire  of  China,  on  paying 
a  further  amount  of  duty  as  transit  duty  ; 

And  whereas  the  rate  of  transit  duty  to  be  so  levied  was  not  fixed 
by  the  said  Treaty  ; 

Now,  therefore,  the  undersigned  Plenipotentiaries  of  her  Britannic 
Majesty,  and  of  His  Majesty  the  Emperor  of  China,  do  hereby,  on 
proceeding  to  the  exchange  of  the  ratifications  of  the  said  Treaty, 
agree  and  declare,  that  the  further  amount  of  duty  to  be  so  levied  on 
British  merchandise,  as  transit  duty,  shall  not  exceed  the  present  rates, 
which  are  upon  a  moderate  scale  ;  and  the  ratifications  of  the  said 
Treaty  are  exchanged  subject  to  the  express  declaration  and  stipu- 
lation herein  contained. 

In  witness  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  Declaration,  and  have  affixed  thereto  their  respective  seals. 

Done  at  Hong-Kong,  the  Twenty-sixth  Day  of  June,  One  Thousand 
Eight  Hundred  and  Forty-three,  corresponding  with  the  Chinese  date, 
Taoukwang,  Twenty-third  Year,  Fifth  Month,  and  Twenty-ninth  Day. 
(l.s.)  Henry  Pottinger. 

Seal  and  Signature  of  Chinese  Plenipotentiary. 


Tariff    of   Duties    on    the    Foreign    Trade    with    China. 
Established  in  pursuance  of  Article  X.  of  the  Treaty. 

EXPORTS. 

T.     M.     C.     C. 

1.  Alum per  100  catties     0     10     0 


2.  Aniseed,  Star 
Ditto,       Oil  of 

3.  Arsenic         ... 

4.  Bungles  (or  Glass  Armlets) 


ditto  0  5  0  0 

ditto  5  0  0  0 

ditto  0  7  5  0 

ditto  0  5  0  0 


196 


THE    CONSULAK    DUTIES    IN    CHINA. 


5.  Bamboo  Screens  and  Bamboo  Wai-e  of  all 

kinds       .... 

6.  Bra.ss  Leaf 

7.  Building  Materials 

8.  Bone  and  Horn  Ware 

9.  Camphor 

10.  Canes  of  all  kinds 

11.  Capoor  Cutchery 

12.  Cassia  .... 
Ditto  Buds 
Ditto  Oil  ... 

13.  China  Root 

14.  China  Ware,  all  kinds 

15.  Clothes  (ready  made) 

16.  Copper  Ware,  Pewter  ditto,  &c, 

17.  Corals  (or  False  Coral) 

18.  Crackei's  and  Fire-works  of  all  kinds 

19.  Cubebs         .... 

20.  Fans  (as  Feather  Fans,  &c.) 

21.  Furniture  of  all  kinds 

22.  Galingal       .... 

23.  Gamboge      .... 

24.  Glass,  and  Glass  Ware  of  all  kinds 

25.  Glass  Beads 

26.  Glue  (as  Fish-glue,  &c.) 

27.  Grass  Cloth,  all  kinds 

28.  Hartall         .... 

29.  Ivory  Ware,  all  kinds 

30.  Kittysols,  or  Paper  Umbrellas 

31.  Lacquered  Ware,  all  kinds 

32.  Lead  (White  Lead)       . 

33.  Lead  (Red  Lead) 

34.  Marble  Slabs 

35.  Mats  (straw,  rattan,  bamboo,  &c.,  &c. 

36.  Mother  o'  Pearl  Ware 

37.  Musk  .... 

38.  Nankeen,  and  Cotton  Cloth  of  all  kinds 

39.  Pictures,  viz.,  large  Paintings 
Jlice  Paper  Pictures 

40.  Paper  Fans 

41.  Paper  of  all  kinds 

42.  Pearls  (^.  e.,  false  Pearls) 

43.  Preserves  and  Sweetmeats  of  all  kinds 

44.  Rattan  work  of  all  kinds     . 

45.  Rhubarb      .... 

46.  Silk,  Raw,  whether  from  Chekiang,  Canton 

or  elsewhere,  all  kinds 
Coarse,  or  refuse  of  Silk 
Organzine,  all  kinds 
Ribbons,  Thread,  &c.,  &c. 
Silk  Piece  goods  of  all  kinds,  as  Silks,  Satins, 
Pongees,    Velvets,    Crapes,    Lutestrings, 
&c.,  &c.   ....... 

N.B. — The  additional  Duty  of  so  much 
per  piece,  hitherto  levied,  to  be 
hencefoi'th  abolished. 


T. 

M. 

c. 

c. 

per  100  catties. 

0 

2 

0 

0 

ditto 

1 

5 

0 

0 

D 

uty 

free. 

per  100  catties 

1 

0 

0 

0 

ditto 

1 

5 

0 

0 

per  thousand 

0 

5 

0 

0 

per  100  catties 

0 

3 

0 

0 

ditto 

0 

7 

5 

0 

ditto 

1 

0 

0 

0 

ditto 

5 

0 

0 

0 

ditto 

0 

2 

0 

0 

dhto 

0 

5 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

7 

5 

0 

ditto 

1 

5 

0 

0 

ditto 

1 

0 

0 

0 

ditto 

0 

2 

0 

0 

ditto 

0 

1 

0 

0 

ditto 

2 

0 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

6 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

1 

0 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

5 

0 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

1 

0 

0 

0 

ditto 

0 

2 

5 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

2 

0 

0 

ditto 

0 

2 

0 

0 

ditto 

1 

0 

0 

0 

per  catty 

0 

5 

0 

0 

per  100  catties 

1 

0 

0 

0 

each 

0 

1 

0 

0 

per  100  pictures 

0 

1 

0 

0 

per  100  catties 

0 

5 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

2 

0 

0 

ditto 

1 

0 

0 

0 

ditto 

10 

0 

0 

0 

ditto 

2 

5 

0 

0 

ditto 

10 

0 

0 

0 

ditto 

10 

0 

0 

0 

ditto 


12     0     0     0 


THE    CONSULAR    DUTIES    IN    CHINA. 


197 


T. 

M. 

c. 

c. 

47. 

Silk  and  Cotton  mixtures,  Silk  and  Woollen 

mixtures,  and  goods  of  such  classes 

per 

100  catties 

3 

0 

0 

0 

48. 

Shoes  and  Boots,  of  Leather,  Satin,  or  other- 

wise        ....... 

ditto 

0 

2 

0 

0 

49 

Sandal  Wood  Ware 

ditto 

1 

0 

0 

0 

50. 

Soy 

ditto 

0 

4 

0 

0 

51. 

Silver  and  Gold  Ware 

ditto 

10 

0 

0 

0 

52. 

Sugar,  white  and  brown 

ditto 

0 

2 

5 

0 

63. 

Sugar  Candy,  all  kinds 

ditto 

0 

3 

5 

0 

54. 

Tin  Foil       ..... 

ditto 

0 

5 

0 

0 

55. 

Tea 

ditto 

2 

5 

0 

0 

56. 

Tobacco  of  all  kinds    . 

ditto 

0 

2 

0 

0 

57. 

Turmeric     ..... 

ditto 

0 

2 

0 

0 

58. 

Tortoise-shell  \Vare 

ditto 

10 

0 

0 

0 

59. 

Trunks  (of  Leather)     . 

ditto 

0 

2 

0 

0 

60. 

Ti-easure,  i.e.,  Coin  of  all  kinds    . 

Free. 

61. 

Vermilion    ..... 

ditto 

3 

0 

0 

0 

[^ 

rticles  uiienumerated  in  this  Tariff,  to  pay  a 

duty  of  5  per  cent,  ad  valoi 

•em 

] 

IMPORTS. 

T. 

M. 

c. 

c. 

1. 

Assafoetida 

.    per 

100  catties 

1 

0 

0 

0 

2. 

Bees'' Wax     ...... 

ditto 

1 

0 

0 

0 

3. 

Betel  Nut 

ditto 

0 

1 

5 

0 

4. 

Bicho  de  Mar,  fir.st  quality,  or  blk. 

ditto 

0 

8 

0 

0 

Bicho  de  Mar,  second  quality,  or  wht. 

ditto 

0 

2 

0 

0 

5. 

Birds'  Nests,  first  quality,  cleaned 

ditto 

5 

0 

0 

0 

Birds'  Nests,  second  quality,  good  middling 

ditto 

2 

5 

0 

0 

Birds'  Nests,  third  quality,  uncleaued 

ditto 

0 

5 

0 

0 

6. 

Camphor  (Malay),  first  quality,  clean    . 

] 

ser  catty 

1 

0 

0 

0 

Camphor,  second  quality,  refuse 

ditto 

0 

5 

0 

0 

7. 

Cloves,  first  quality,  picked 

.    per 

100  catties 

1 

5 

0 

0 

Ditto,  second  ditto,  mother 

ditto 

0 

5 

0 

0 

Clocks,    Watches,   Spy-glasses,  all  kinds  of 

Writing-desks,   Dressing-boxes,    Cutlery, 

Perfumery,  &c.,  &c. 

Canvas,  30  a  40  yards  long,  24  a  31  inches 

wide 
Cochineal 
Cornelians    . 
Ditto,  Beads 
Cotton 
Cotton  Manufactures,  viz. : 

Long  Cloths,  white,  30  a  40  yards  long, 

30  a  36  inches  wide      .... 

Cambricks  and  Muslins,    20  a  24   yards 

long,  40  a  46  inches  wide 
Grey  or  Unbleached  Cottons,  viz.  : 

Long  Cloths,  Domestics,  &c.,  &c.,  30  a 

40  yards  long,  28  «  40  inches  wide    . 

Grey  Twilled  Cottons,  30  a  40  yards 

long,  28  a  40  inches  wide 
Chintz  and  Prints  of  all  kinds,   20  a 
30  yards  long,  26  a  31  inches  wide  . 


5  per  cent,  ad  valorem. 

per  piece  0  5  0  0 

per  100  catties  5  0  0  0 

per  100  stones  0  5  0  0 

per  100  catties  10  0  0  0 

ditto  0  4  0  0 


per  piece  0  15  0 

ditto  0  15  0 

ditto  0  10  0 

ditto  0  10  0 

ditto  0  2     0  0 


198 


THE    CONSULAR    DUTIES    IN    CHINA. 


Handkerchiefs  under  1  yard  square 
Handkerchiefs  above  1  yard  square 
Ginghams,  Pullicates,  Dyed  Cottons,  Vel- 
veteens, Silk  and  Cotton  Mixtures, 
Woollen  and  Cotton  Mixtures,  and  all 
kinds  of  Fancy  Goods  not  in  current 
consumfition 

14.  Cotton  Yarn  and  Cotton  Thread 

15.  Cow  Bezoar 

16.  Cutch  .... 

17.  Elephants'  Teeth,  first  quality,  whole  . 
Elephants'  Teeth,  second  quality,  broken 

18.  Fish  Maws 

19.  Flints 

20.  Glass,  Glass  Ware,  and  Crystal  Ware,  of  all 

kinds        .... 

21.  Gambler 

22.  "■' Ginseng,  first  quality    . 

Ditto,  second  ditto,  or  refuse 

23.  Gold  and  Silver  Thread : — fii'st  quality,  or 

real       .... 
Second  ditto,  or  imitation 

24.  Gums,  Benjamin 

Olibanum 

Myrrh      .... 
Gums,  unenumerated    . 

25.  Horns,  Bullocks  and  Bufialos' 

26.  Horns,  Unicorns'  or  Rhinoceros' 

27.  Linen,  fine,  as  Irish  or  Scotch,  yards  long, 

inches  wide  . 
Coarse  Linen,  as  Linen  and  Cotton  Mix- 
tures, Silk  and  Linen  Mixtures,  &c.,  &c 

28.  Mace,  or  Flower  of  Nutmeg 

29.  Mother  of  Pearl  Shells  .... 

30.  Metals,  viz. : — 

Copper,  manufactured,  as  in  pigs     . 

Copper,  manufactured,  as  in  sheets,  rods 

Iron,  unmanufactured,  as  in  pigs 

Iron,  manufactured,  as  in  bars,  rods,  &c, 

Lead  in  pigs,  or  manufactured 

Quicksilver 

Steel,  unmanufactured 

Tin  . 

Tin  plates 

Unenumerated  Metals 

31.  Nutmegs,  first  quality,  or  cleaned 
Nutmegs,  second  quality,  or  uncleaned 

32.  Pepper ....... 

33.  Putchuck 

34.  Eattans         ...... 

35.  Rice,  Paddy,  and  Grain  of  all  kinds 

*  Altered  as  follows  on  the  16th  November,  1843 ; 

Ginseng,  first  quality    . 
Ditto,  second  ditto 


each 

ditto 


T.  M.  c.  c. 
0  0  10 
0     0     15 


5  per  cent,  ad  valorem. 

per  100  catties  10  0  0 

per  catty  10  0  0 

per  100  catties  0     3  0  0 

ditto  4     0  0  0 

ditto  2     0  0  0 

ditto  15  0  0 


ditto 


0     0     5     0 


5  per  cent,  ad  valorem. 

per  100  catties    0     15     0 

ditto  38     0     0     0 

ditto  3     5     0     0 

per  catty  0     13  0 

ditto  0     0     3  0 

per  100  catties  10     0  0 

ditto  0     5     0  0 

ditto  0     5     0  0 
10  per  cent,  ad  valorem. 

per  100  catties  2     0     0  0 

ditto  3     0     0  0 


per  piece 


0     5     0     0 


5  per  cent,  ad  valorem. 

per  100  catties    10     0     0 

ditto  0     2     0     0 


ditto 

10     0     0 

ditto 

15     0     0 

ditto 

0     10     0 

ditto 

0     15     0 

ditto 

0     4     0     0 

ditto 

3     0     0     0 

ditto 

0     4     0     0 

ditto 

10     0     0 

ditto 

0     4     0     0 

10  per  cent 

ad  valorem. 

per  100  catties 

2     0     0     0 

ditto 

10     0     0 

ditto 

0     4     0     0 

ditto 

0     7     5     0 

ditto 

0     2     0     0 
Duty  Free. 

T.      M.                   T. 

M. 

18      0    X    JL      7 

6 

3     5    X    J-    2 

8 

THE    CONSULAR    DUTIES    IN    CHINA. 


19» 


36.  Rose  Maloes 

37.  Saltpetre  (to  be  sold  to  Government  Agents 

only) 

38.  Sharks'  Fins,  first  quality,  or  White     . 
Sharks'  Fins,  second  quality,  or  Black 

39.  Skins  and  Furs,  viz. : — 

Cow  and  Ox  Hides,  tanned  and  untanned 
Sea  Otter  Skins  .... 
Fox  Skins,  large  .... 
Fox  Skins,  small  .... 
Tiger,  Leopard,  and  Martin  Skins  . 
Land  Otter,  Racoon,  and  Sharks'  Skins 
Beaver  Skins  ..... 
Hare,  Rabbit,  and  Ermine 

40.  Smalts 

41.  Soap 

42.  Stock  Fish,  &c 

43.  Sea  Horse  Teeth 

44.  Treasure  and  Money  of  all  kinds 

45.  Wine,  Beer,  Spirits,  &c. — 

In  Quart  Bottles  .... 
lu  Pint  ditto  ..... 
In  Cask    ...... 

46.  Woods,  namely : 

Ebony      ...... 

Sandal  Wood    ..... 

Sapan  Wood     ..... 

LTnenumerated  Woods 

47.  Woollen  Manufactures,  viz. : — 

Broad    Cloths,    Sfjanish    Stripes,    Habit 

Cloth,  &c.,  51  a  64  inches  wide  .   per  Chang  of  141  inches 
Long  Ells,  Cassimeres,  Flannel,  and  nar- 
row Cloths  of  this  description  .  per  Chang  of  141  inches 
Blankets  of  all  kinds         ....  each 

Dutch  Camlets         .         .         .       per  Chang  of  141  inches 

Camlets ditto 

Imitation  ditto,  Bombazettes,  &c.     .         .  ditto 

Bunting  (narrow)      ...         .         .  .  ditto 

Unenumerated  Woollen  Goods,  or  Silk 
and  Woollen,  and  Cotton  and  Woollen 
Mixtures,  &c 5  per  cent. 

48.  Woollen  Yarn       ......    per  100  catties 


T. 

M. 

0. 

c. 

per  100  catties 

1 

0 

0 

0 

ditto 

0 

3 

0 

0 

ditto 

1 

0 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

5 

0 

0 

each 

1 

5 

0 

0 

ditto 

0 

1 

5 

0 

ditto 

0 

0 

7 

5 

ditto 

0 

1 

5 

0 

per  hundred 

2 

0 

0 

0 

ditto 

5 

0 

0 

0 

ditto 

0 

5 

0 

0 

per  100  catties 

4 

0 

0 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

4 

0 

0 

ditto 

2 

0 
Fi 

0 
ee. 

0 

per  100  bottles 

1 

0 

0 

0 

ditto 

0 

5 

0 

0 

per  100  catties 

0 

5 

0 

0 

ditto 

0 

1 

5 

0 

ditto 

0 

5 

0 

0 

ditto 

0 

1 

0 

0 

1 0  per  cent 

.  ad  valorem. 

0     15     0 


0  0 

0  1 

0  1 

0  0 

0  0 

0  0 


7     0 
0     0 


ad  valorem. 
3     0     0     0 


[All  Articles  unenumerated  in  this  Tariff,  5  per  cent,  ad  valorem.] 


General  Regulations,  wider  which  the  British  Trade  is  to  he  conducted 
at  the  Five  Ports  of  Canton^  Amoy,  Foochowfoo,  Nivgpo,  and  Shanghai. 

I.  Pilots. — Whenever  a  British  merchantman  shall  arrive  off  any  of 
the  five  ports  opened  to  trade,  viz.,  Canton,  Foochowfoo,  Amoy,  Ning-po, 
or  Shanghai,  pilots  shall  be  allowed  to  take  her  immediately  into  port ; 
and,  in  like  manner,  when  snch  British  ship  shall  have  settled  all  legal 


200  THE    CONSULAR    DUTIES    IN    CHINA. 

duties  and  charges,  and  is  about  to  return  tome,  pilots  shall  be  imme- 
diately granted  to  take  her  out  to  sea,  ^^ithout  any  stoppage  or  delay. 
Regarding  the  remuneration  to  be  given  these  pilots,  that  will  be 
equitably  settled  by  the  British  Consul  appointed  to  each  particular 
port,  who  will  determine  it  with  due  reference  to  the  distance  gone 
over,  the  risk  run,  &c. 

II.  Custom-house  Guards. — The  Chinese  Superintendent  of  Customs 
at  each  port  will  adopt  the  means  that  he  may  judge  most  proper  to 
prevent  the  revenue  suffering  by  fraud  or  smuggling.  Whenever  the 
pilot  shall  have  brought  any  British  merchantman  into  port,  the  Super- 
intendent of  Customs  will  depute  one  or  two  trusty  Custom-house 
officers,  whose  duty  it  will  be  to  watch  against  frauds  on  the  revenue. 
These  will  either  live  in  a  boat  of  their  own,  or  stay  on  board  the 
English  ship,  as  may  best  suit  their  convenience.  Their  food  and 
expenses  will  be  supplied  them  from  day  to  day  from  the  Custom- 
house, and  they  may  not  exact  any  fees  whatever  from  either  the  com- 
mander or  consignee.  Should  they  violate  this  regulation;  they  shall 
be  punished  proportionately  to  the  amount  so  exacted. 

III.  Masters  of  Ships  reporting  themselves  on  arrival. — Whenever  a 
British  vessel  shall  have  cast  anchor  at  any  one  of  the  above-mentioned 
ports,  the  captain  will,  within  four  and  twenty  hours  after  arrival, 
proceed  to  the  British  Consulate,  and  deposit  his  ship's  papers,  bills  of 
lading,  manifest,  &c.,  in  the  hands  of  the  Consul ;  failing  to  do  which, 
he  will  subject  himself  to  a  penalty  of  two  hundred  dollars. 

For  presenting  a  false  manifest,  the  penalty  will  be  five  hundred 
dollars. 

For  breaking  bulk  and  commencing  to  discharge,  before  due  permis- 
sion shall  be  obtained,  the  penalty  will  be  five  hundred  dollars,  and 
confiscation  of  the  goods  so  discharged. 

The  Consul,  having  taken  possession  of  the  ship's  papers,  will  imme- 
diately send  a  written  communication  to  the  Superintendent  of  Customs, 
specifying  the  register  tonnage  of  the  ship,  and  the  particulars  of  the 
cargo  she  has  on  board ;  all  of  which  being  done  in  due  form,  permission 
will  then  be  given  to  discharge,  and  the  duties  levied  as  provided  for 
in  the  tariff. 

IV.   Commercial  dealings  hetiveen  English   and   Chinese  merchants. It 

having  been  stipulated  that  English  merchants  may  trade  with  what- 
ever native  merchants  they  please, — should  any  Chinese  merchant 
fraudulently  abscond,  or  incur  debts  which  he  is  unable  to  discharo-e, 
the  Chmese  authorities,  upon  complaint  being  made  thereof,  will  of 
course  do  their  utmost  to  bring  the  offender  to  justice  ;  it  must,  how- 
ever, be  distinctly  understood,  that  if  the  defaulter  really  cannot  be 
found,  or  be  dead,  or  bankrupt,  and  there  be  not  wherewithal  to  pay. 


THE    CONSULAR    DUTIES    IN    CHINA.  201 

the  English  merchants  m.ay  not  appeal  to  the  former  custom  of  the 
Hong  merchants  paying  for  one  another,  and  can  no  longer  expect  to 
have  their  losses  made  good  to  them. 

V.  Tonnage  dues. — Every  English  merchantman,  on  entering  any  one 
of  the  above-mentioned  five  ports,  shall  pay  tonnage-dues  at  the  rate 
of  five  mace  per  register-ton,  in  full  of  all  charges.  The  fees  formerly 
levied  on  entry  and  departure,  of  every  description,  are  henceforth 
abolished. 

VI.  Import  and  export  duties. — Goods,  whether  imported  into,  or  ex- 
ported from,  any  one  of  the  above-mentioned  five  ports,  are  hence- 
forward to  be  taxed  according  to  the  tariff  as  now  fixed  and  agreed 
upon,  and  no  further  sums  are  to  be  levied  beyond  those  which  are 
specified  in  the  tariff;  all  duties  incurred  by  an  English  merchant- 
vessel,. whether  on  goods  imported  or  exported,  or  in  the  shape  of 
tonnage-dues,  must  first  be  paid  up  in  full ;  which  done,  the  Superin- 
tendent of  Customs  will  grant  a  port-clearance,  and  this  being  shown 
to  the  British  Consul,  he  will  thereupon  return  the  ship's  papers,  and 
permit  the  vessel  to  depart. 

VII.  Examination  of  goods  at  tlte  Custom-house. — Every  English 
merchant,  having  cargo  to  load  or  discharge,  must  give  due  intimation 
thereof,  and  hand  particulars  of  the  same  to  the  Consul,  w'ho  will 
immediately  dispatch  a  recognized  linguist  of  his  own  establishment  to 
communicate  the  particulars  to  the  Superintendent  of  Customs,  that 
the  goods  may  be  duly  examined,  and  neither  party  subjected  to  loss. 
The  English  merchant  must  also  have  a  properly  qualified  person  on 
the  spot  to  attend  to  his  interests  when  his  goods  are  being  examined 
for  dutj^,  otherwise,  should  there  be  complaints,  these  cannot  be  at- 
tended to. 

Regarding  such  goods  as  are  subject  by  the  tarift'  to  an  ad  valorem 
duty,  if  the  English  merchant  cannot  agree  with  the  Chinese  officer  in 
fixing  a  value,  then  each  party  shall  call  two  or  three  merchants  to 
look  at  the  goods,  and  the  highest  price  at  which  any  of  these  mer- 
chants w.ould  be  willing  to  purchase,  shall  be  assumed  as  the  value  of 
the  goods. 

To  fix  the  tare  on  any  article,  such  as  tea  ;  if  the  English  merchant 
cannot  agree  with  the  Custom-house  officer,  then  each  party  shall 
choose  so  many  chests  out  of  every  hundred,  which  being  first  weighed 
in  gross,  shall  afterwards  be  tared,  and  the  average  tare  upon  these 
chests  shall  be  assiuned  as  the  tare  upon  the  whole ;  and  upon  this 
principle  shall  the  tare  be  fixed  upon  all  other  goods  in  packages. 

If  there  should  still  be  any  disputed  points  which  cannot  be  settled, 
the  English  merchant  may  appeal  to  the  Consul,  who  wiU  communicate 
the  particulars  of  the  case  to  the   Superintendent  of  Customs,  that  it 

2  D 


202  THE    CONSULAR   DUTIES    IN    CHINA. 

may  be  equitably  arranged.  But  the  appeal  must  be  made  on  the  same 
day,  or  it  will  not  be  regarded.  While  such  points  are  still  open,  the 
Superintendent  of  Customs  Avill  delay  to  insert  the  same  in  his  books, 
thus  affording  an  opportunity  that  the  merits  of  the  case  may  be  duly 
tried  and  sifted. 

VIII.  Manner  of  paying  the  Duties. — It  is  hereinbefore  provided,  that 
every  English  vessel  that  enters  any  one  of  the  five  ports,  shall  pay  all 
duties  and  tonnage-dues  before  she  be  permitted  to  depart.  The  Super- 
intendent of  Customs  will  select  certain  shroffs,  or  banking  establish- 
ments, of  known  stability,  to  whom  he  will  give  licences,  authorizing 
them  to  receive  duties  from  the  English  merchants  on  behalf  of  Go- 
vernment, and  the  receipt  of  these  shroffs  for  any  moneys  paid  them 
shall  be  considered  as  a  Government  voucher.  In  the  paying  of  these 
duties,  diff'erent  kinds  of  foreign  money  may  be  made  use  of;  but  as 
foreign  money  is  not  of  equal  purity  with  sycee  silver,  the  English 
Consuls  appointed  to  the  different  ports  will,  according  to  time,  place, 
and  circumstances,  arrange  with  the  Superintendents  of  Customs  at 
each,  what  coins  may  be  taken  in  payment,  and  what  per-centage  may 
be  necessary  to  make  them  equal  to  standard  or  pure  silver. 

IX.  Weiijhts  and  Measures. — Sets  of  balance-yards  for  the  weighing 
of  goods,  of  money-weights,  and  of  measures,  prepared  in  exact  con- 
formity to  those  hitherto  in  use  at  the  Custom-house  of  Canton,  and 
duly  stamped  and  sealed  in  proof  thereof,  will  be  kept  in  possession 
of  the  Superintendent  of  Customs,  and  also  at  the  British  Consulate  at 
each  of  the  five  ports,  and  these  shall  be  the  standards  by  which  all 
duties  shall  be  charged,  and  all  sums  paid  to  Government.  In  case  of 
any  dispute  arising  between  British  merchants  and  Chinese  officers  of 
Customs,  regarding  the  weights  or  measures  of  goods,  reference  shall 
be  made  to  these  standards,  and  disputes  decided  accordingly. 

X.  Lighters  or  Cargo  Boats. — Whenever  any  English  merchant  shall 
have  to  load  or  discharge  cargo,  he  may  hire  whatever  kind  of  lighter 
or  cargo-boat  he  pleases  ;  and  the  sum  to  be  paid  for  such  boat  can  be 
settled  between  the  parties  themselves,  without  the  interference  of 
Government.  The  uuinber  of  these  boats  shall  not  be  limited,  nor 
shall  a  monopoly  of  them  be  granted  to  any  parties.  If  any  smuggling 
take  place  in  them,  the  offenders  will  of  coui-se  be  punished  according 
to  law.  Should  any  of  these  boat-people,  while  engaged  in  conveying 
goods  for  English  merchants,  fraudulently  abscond  with  the  property, 
the  Chinese  authorities  will  do  their  best  to  apprehend  them  ;  but,  at 
the  same  time,  the  English  merchants  must  take  every  due  precaution 
for  the  safety  of  their  goods. 

XI.  Trayisuhipment  of  Goods. — No  English  merchant-ships  may  trans- 
ship goods  without  special  permission  :  should  any  urgent  case  happen 


THE   CONSULAR   DUTIES    IN   CHINA.  203 

wliere  transshipment  is  necessary)  the  circumstances  must  first  be  sub- 
mitted to  the  Consul,  who  will  give  a  certificate  to  that  effect,  and  the 
Superintendent  of  Customs  will  then  send  a  special  officer  to  be  pre- 
sent at  the  ti'ansshipment.  If  any  one  presumes  to  transship  withoiit 
such  permission  being  asked  for  and  obtained,  the  whole  of  the  goods 
so  illicitly  transshipped  will  be  confiscated. 

XII.  Subordinate  Consular  Officers.- — At  any  place  selected  for  the 
anchorage  of  the  English  merchant-ships,  there  may  be  appointed  a 
subordinate  Consular  officer,  of  approved  good  conduct,  to  exercise  due 
control  over  the  seamen  and  others.  He  must  exert  himself  to  pre- 
vent quarrels  between  the  English  seamen  and  natives,  this  being  of 
the  utmost  importance.  Should  anything  of  the  kind  unfortunately 
take  place,  he  will  in  like  manner  do  his  best  to  arrange  it  amicably. 
When  sailors  go  on  shore  to  walk,  officers  shall  be  required  to  accom- 
pany them ;  and  should  disturbances  take  place,  such  officers  w  ill  be 
held  responsible.  The  Chinese  officers  may  not  impede  natives  from 
coming  alongside  the  ships  to  sell  clothes  or  other  necessaries  to  the 
sailors  living  on  board. 

XIII.  Disputes  between  British  Subjects  and  Chinese, — Whenever  a 
British  subject  has  reason  to  complain  of  a  Chinese,  he  must  first 
proceed  to  the  Consulate  and  state  his  grievance  ;  the  Consul  will 
thereupon  inquire  into  the  merits  of  the  case,  and  do  his  utmost  to 
arrange  it  amicably.  In  like  manner,  if  a  Chinese  have  reason  to 
complain  of  a  British  subject,  he  shall  no  less  listen  to  his  complaint, 
and  endeavour  to  settle  it  in  a  friendly  manner.  If  an  English  mer- 
chant have  occasion  to  address  the  Chinese  avitliorities,  he  shall  send 
such  address  through  the  Consul,  who  will  see  that  the  language  is 
becoming  ;  and,  if  otherwise,  will  direct  it  to  be  changed,  or  will  refuse 
to  convey  the  address.  11",  unfortunately,  any  disputes  take  place  of 
such  a  nature  that  the  Consul  cannot  arrange  them  amicably,  then  he 
shall  request  the  assistance  of  a  Chinese  officer,  that  they  may  together 
examine  into  the  merits  of  the  case,  and  decide  it  equitably.  Regarding 
the  punishment  of  English  criminals,  the  English  Government  will 
enact  the  laws  necessary  to  attain  that  end,  and  the  Consul  will  be 

mpowered  to  put  them  in  force  ;  and  regarding  the  punishment  of 
Chinese  criminals,  these  will  be  tried  and  iiunished  by  their  own  la\\  s, 
in  the  way  provided  for  by  the  correspondence  which  took  place  at 
Nanking,  after  the  concluding  of  the  peace. 

XIV.  British  Government  Cruisers  anchoring  within  the  Ports. —  An 
English  Government  cruiser  will  anchor  within  each  of  the  five  ports, 
hat  the  Consul  may  have  the  means  of  better  restraining  sailors  and 
jthers,  and  preventing  disturbances.  But  these  Government  cruisers 
ire  not  to  be  put  on  the   same  footing  as  merchant-vessels ;  for,  as 


204  THE    CONSULAE    DUTIES    IN    CHINA. 

they  bring  no  mercliandise,  and  do  not  come  to  trade,  they  will  of 
course  pay  neither  dues  nor  charges.  The  Resident  Consul  will  keep 
the  Superintendent  of  Customs  duly  informed  of  the  arrival  and  depar- 
ture of  such  Government  cruisers,  that  he  may  take  his  measures 
accordingly. 

XV.  Oyi  the  Security  to  he  (/ivenfor  British  Merchant-Vessels.— \t  has 
hitherto  been  the  custom,  when  an  English  vessel  entered  the  port  of 
Canton  that  a  Chinese  Hong  merchant  stood  security  for  her,  and  all 
duties  and  charges  were  paid  through  such  security-merchant ;  but 
these  security-merchants  being  now  done  away  with,  it  is  understood, 
that  the  British  Consul  will  henceforth  be  security  for  all  British 
merchant-ships  entering  any  of  the  aforesaid  five  ports. 


6  &  7  VicTORiTE   Regin^e.     Cap.    LXXX. 

An  Act  fur   the  better    Government   of  Her  Majesty's  subjects 
resorting  to  China.  [22nd  August,  1843.] 

3  &  4  w.  i.  Whereas   an  Act  was  passed   in   the   Fourth  Year  of  the 

c   93  . 

Reign  of  His  late  Majesty,  intituled  An  Act  to  regulate  the 
Trade  to  China  and  India,  whereby  certain  powers  were 
vested  in  officers  therein  described  as  "  Superintendents  of 
the  Trade  of  His  Majesty's  subjects  to  and  from  the  do- 
minions of  the  Emperor  of  China  : "  And  whereas,  for  giving 
full  effect  to  the  pui'poses  of  the  said  Act,  it  is  necessary 
that  provision  be  made  for  the  establishment  from  time  to 
time  of  regulations  for  the  Government  of  Her  Majesty's 
subjects  resorting  to  China,  and  it  is  expedient  that  such 
regulations  should  originate  with  some  local  authority  cog- 
nizant of  the  actual  circumstances  and  exigencies  of  such 
Her  Majesty's  subjects,  and  of  the  trade  carried  on  by  them 
in  China :  And  whereas.  Her  Majesty  hath  been  pleased,  by 
a  commission  under  the  Great  Seal  of  the  United  Kingdom, 
to  establish  a  Legislative  Council  to  make  laws  for  the  peace, 
order,  and  good  government  of  Her  Majesty's  subjects,  being 
within  Her  Majesty's  island  of  Hong-Kong,  and  to  constitute 
and  appoint  as  governor  of  the  said  island  the  officer  in- 
vested under  the  said  recited  Act  with  the  office  of  chief 
superintendent  of  the  trade  of  Her  Majesty's  subjects  to 
and  from  China  :  Be  it  enacted  by  the  Queen's  Most  Ex- 
cellent Majesty,  by  and  with  the  advice  and  consent  of  the 


THE    CONSULAR    DUTIES    IN    CHINA.  205 

Lords  Spiritual  and  Temporal,  and  Commons,  in  this  present 
Parliament  assembled,  and  by  tlie  authority  of  the   same. 
That  it  shall  be  lawful  for  Her  Majesty,  by  any  commission  Her  Majesty 
or  commissions  under  the  Great  Seal  of  the  United  Kingdom,  "/zethe'chier 
or  by  any  instructions  under  Her  Majesty's  signet  and  sign  ^^P^^^j.'^^^^^ 
manual   accompanying  and  referred  to   in  any  such  com-  to  make  or- 

.      .  .      .  ^  j_i        •         .1  •     i        1       J-       ntiinances   for 

mission  or  commissions,  to  authorize  the  supermtencient  ot  Her  Ma- 
the  trade  of  Her  Majesty's  subjects  in  China  (so  long  asjg^[-g  j,^'^"'^' 
such  superintendent  shall  be  also  the  governor  of  the  said  China. 
Island  of  Hong-Kong)  to  enact,  with  the  advice  of  the 
Legislative  Council  of  the  said  Island  of  Hong-Kong,  all 
such  laws  and  ordinances  as  may  from  time  to  time  be  re- 
(juired  for  the  peace,  order,  and  good  government  of  Her 
Majesty's  subjects  being  within  the  dominions  of  the  Em- 
peror of  China,  or  being  within  any  ship  or  vessel  at  a 
distance  of  not  more  than  one  hundred  miles  from  the  coast 
of  China,  and  to  enforce  the  execution  of  such  laws  and 
ordinances  by  such  penalties  and  forfeitures  as  to  him,  by 
the  advice  aforesaid,  shall  seem  fit ;  and  that  it  shall  also  be 
lawful  for  Her  Majesty,  by  any  such  commission  or  com- 
missions or  instructions  as  aforesaid,  to  impose  upon  the 
exercise  of  the  before-mentioned  Legislative  Authority  all 
such  conditions  and  limitations  as  Her  Majesty  shall  see  fit 
to  prescribe ;  and  that  it  shall  also  be  lawful  for  Her  Ma- 
jesty to  disallow,  in  the  whole  or  in  part,  any  laws  or 
ordinances  so  to  be  enacted  as  aforesaid,  and,  with  the 
advice  of  Her  Majesty's  Privy  Council,  to  alter  the  same  or 
any  of  them  as  to  Her  Majesty  in  Council  shall  seem  meet. 

IL  And  be  it  enacted.  That  it  shall  be  lawful  for  Her  provision  for 
Majesty,  by  any  commission  or  warrant  under  Her  Tloyal  ^'j^"',P°jIy'j^^ 
sign  manual,  to  make  such  provision  as  to  Her  Majesty  mayttie  o.^'te  of 
seem  fit  for  the  temporary  exercise  of  the  duties  of  the  saidtendent. 
Chief  Superintendent  in  the  event  of  a  vacancy  occurring  in 
that  office  by  death,  resignation,  or  otherwise,  and  that  the 
provisions  herein  contained  respecting  the  said  Chief  Super- 
intendent shall  be  taken  to  apply  to  the  person  or  persons 
for  the  time  being  exercising  the  duties  of  Chief  Superinten- 
dent under  such  commission  or  warrant. 

III.  And  be  it  enacted.  That  it  shall  also  be  lawful  for  jj^i- j^j^^jp^ty 

Her  Majesty,  by  any  order  or  orders  made  with  the  advice  J^'^^^^^^j"!^^ 

of  Her  Majesty's  Privy  Council,  to  ordain,  for  the  Govern- for  Her  Ma- 

icsty's  i^iib- 
ment  of  Her  Majesty's  subjects  being  within  the  dominions  jects  in 

of  the  Emperor  of  China,  or  being  within  any  ship  or  vessel  ^''"'^- 


206 


THE   CONSULAR   DUTIES   IN    CHINA. 


Commis- 
sions and  or- 
dinances to 

be  laid  before  and  Ordinances 
ParUameut 


Repeal  of 
part  of 
3  &  4  W.  4. 
c.  93. 


Limitation 
of  actions. 


at  a  distance  of  not  more  than  one  hundred  miles  from  the 
coast  of  China,  any  law  or  ordinance  which  to  Her  Majesty 
in  Council  may  seem  meet,  as  fully  and  effectually  as  any 
such  law  or  ordinance  could  be  made  by  Her  Majesty  in 
Council  for  the  Government  of  Her  Majesty's  subjects  being 
within  the  said  Island  of  Hong-Kong. 

IV.  And  be  it  enacted.  That  all  such  commissions  and 
instructions  and  orders  in  Council  as  aforesaid,  and  all  laws 

so  to  be  made  as  aforesaid,  shall  be  laid 
before  both  Houses  of  Parliament  as  soon  as  conveniently 
may  be  after  the  making  and  enacting  thereof  respectively. 

V.  And  be  it  enacted,  That  when  and  so  soon  as  any  such 
commission  or  commissions  as  aforesaid  shall  have  been 
received  at  the  said  Island  of  Hong-Kong  by  the  superin- 
tendent and  governor  aforesaid,  or  by  the  officer  for  the  time 
being  in  the  administration  of  the  said  superintendence  and 
government,  so  much  of  the  said  recited  Act  as  relates  to 
the  powers  and  authorities  to  be  exercised  by  the  superin- 
tendents therein  mentioned  over  and  in  respect  of  the  trade 
and  commerce  of  Her  Majesty's  subjects  within  any  part  of 
the  dominions  of  the  Emperor  of  China,  or  as  relates  to  the 
making  and  issuing  directions  and  regulations  touching  the 
said  trade  and  commerce,  and  for  the  government  of  Her 
Majesty's  subjects  within  the  said  dominions,  and  as  relates 
to  the  imposition  of  penalties,  forfeitures,  or  imprisonments 
for  the  breach  of  any  such  directions  and  regulations,  or  as 
relates  to  the  creation  of  a  Court  of  Justice  for  the  trial  of 
offences  committed  by  Her  Majesty's  subjects,  as  therein 
mentioned,  shall  be  repealed  :  Provided  nevertheless,  that 
aU  things  theretofore  done  in  pursuance  of  the  said  recited 
Act  shall  be  of  the  same  validity  and  effect  as  if  this  Act 
had  not  been  passed. 

VI.  And  be  it  enacted,  That  every  suit  or  action  which 
shall  be  brought  against  any  person  for  anything  done  in 
pursuance  of  this  Act  shall  be  commenced  within  six 
calendar  months  after  the  fact  committed,  and  not  after- 
wards, except  where  the  cause  of  action  shall  have  arisen  in 
any  place  not  within  the  jurisdiction  of  any  of  Her  Majesty's 
Courts  having  civil  jurisdiction,  and  then  within  six  calendar 
months  after  the  plaintiff  and  defendant  shall  have  been  both 
within  the  jurisdiction  of  any  such  Court ;  and  every  such 
action  or  suit  shall  be  brought  in  the  place  where  the  cause 
of  action  shall  have  arisen,  and  not  elsewhere,  except  where 


THE    CONSULAR    DUTIES    IN    CHINA.  207 

the  cause  of  action  shall  have  arisen  in  any  place  not  within 
the  jurisdiction  of  any  of  Her  Majesty's  Courts  having  civil 
jurisdiction  ;  and  the  defendant  shall  be  entitled  to  the  like 
notice,  and  shall  have  the  like  privilege  of  tendering  amends 
to  the  plaintiff,  or  his  agent  or  attorney,  as  is  provided  in 
actions  brought  against  any  Justice  of  the  Peace  for  any 
Act  done  by  him  in  the  execution  of  his  office. 

VII.  And  be  it  enacted,  That  this  Act  may  be  amended  Act  may  be 
or  repealed  by  any  Act  to  be   passed  in  this  Session  of^'"^"'^  ' 
Parliament. 


Supplementary  Treaty   between  Her  Majesty  and  the  Emperor 

OF   China. 
Signed  at  Hooimin-Cha,  October  S,  1843. 

Whereas  a  Treaty  of  perpetual  Peace  and  Friendship  between  Her 
Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  and  His  Majesty  the  Emperor  of  China,  was  concluded 
at  Nanking,  and  signed  on  board  Her  said  Majesty's  ship  "  Corn- 
wallis,"  on  the  29th  day  of  August,  a.d.  1842,  corresponding  with  the 
Chinese  date  of  the  24th  day  of  the  seventh  month,  of  the  22nd  year 
of  Taoukwang,  of  which  said  Treaty  of  perpetual  peace  and  friend- 
ship the  ratifications,  under  the  respective  seals  and  signs  manual  of 
the  Queen  of  Great  Britain,  &c.,  and  the  Emperor  of  China,  were 
duly  exchanged  at  Hong-Kong  on  the  2Gth  day  of  June,  a.d.,  181.3, 
corresponding  with  the  Chinese  date,  the  29th  day  of  the  fifth  month, 
in  the  23rd  year  of  Taoukwang;  and  whereas  in  the  said  Treaty  it 
was  provided  (amongst  other  things),  that  the  five  ports  of  Canton, 
Foochowfoo,  Amoy,  Ningpo,  and  Shanghai,  should  be  thrown  open 
for  the  resort  and  residence  of  British  merchants,  and  that  a  fair  and 
regular  Tariff  of  Export  and  Import  duties,  and  other  dues,  should 
be  established  at  such  ports  ;  and  whereas  various  other  matters  of 
detail,  connected  with,  and  bearing  relation  to  the  said  Treaty  of  per- 
petual peace  and  friendship,  have  been  since  under  the  mutual 
discussion  and  consideration  of  the  Plenipotentiary  and  accredited 
Commissioners  of  the  High  Contracting  Parties  ;  and  the  said  Tariff 
and  details  having  been  now  finally  examined  into,  adjusted,  and 
agreed  upon,  it  has  been  determined  to  arrange  and  record  them  in  the 
form  of  a  Supplementary  Treaty  of  Articles,  which  Articles  shall  be 
held  to  be  as  binding,  and  of  the  same  efficacy,  as  though  they  had  been 
inserted  in  the  original  Treaty  of  pex'petual  peace  and  friendship.* 
Article  1. — The  Tariff  of  Export  and  Import  duties,  which  is  here- 
*  Vide  Tariff,  page  195. 


208  THE    CONSULAR    DUTIES    IN    CHINA. 

unto  attached  under  tlie  seals  and  signatures  of  the  respective  Pleni- 
potentiary and  Commissioners,  shall  henceforward  be  in  force  at  the 
five  ports  of  Canton,  Foochowfoo,  Amoy,  Ningpo,  and  Shanghai. 

Article  2. — The  General  Regulations  of  Trade,*  which  are  hereunto 
attached  under  the  seals  and  signatures  of  the  respective  Pleni- 
potentiary and  Commissioners,  shall  henceforward  be  in  force  at  the 
five  aforenamed  ports. 

Article  3. — All  penalties  enforced  or  confiscations  made  under  the 
third  clause  of  the  said  General  Regulations  of  Trade,  shall  belong 
and  be  appropriated  to  the  public  service  of  the  Government  of  China. 

Article  4. — After  the  five  ports  of  Canton,  Foo-chow-foo,  Amoy, 
Ningpo,  and  Shanghai,  shall  be  thrown  open,  English  merchants  shall 
be  allowed  to  trade  only  at  those  five  ports.  Neither  shall  they  repair 
to  any  other  ports  or  places,  nor  will  the  Chinese  people  at  any  other 
ports  or  places  be  permitted  to  trade  with  them.  .  If  English  merchant- 
vessels  shall,  in  contravention  of  this  agreement,  and  of  a  proclama- 
tion to  the  same  pui'port,  to  be  issued  by  the  British  Plenipotentiary, 
repair  to  any  other  ports  or.  places,  the  Chinese  Government  Officers 
shall  be  at  liberty  to  seize  and  confiscate  both  vessels  and  cargoes  ; 
and  should  Chinese  people  be  discovered  clandestinely  dealing  wdth 
English  merch.ants  at  any  other  ports  or  places,  they  shall  be  punished 
by  the  Chinese  Government  in  such  manner  as  the  law  may  direct. 

Article  5. — The  fourth  clause  of  the  General  Regulations  of  Trade, 
on  the  su1)ject  of  commercial  dealings  and  debts  between  English  and 
Chinese  merchants,  is  to  be  clearly  understood  to  be  applicable  to 
both  parties. 

Article  C. — It  is  agreed  that  English  merchants  and  others  residing 
at,  or  resorting  to,  the  five  ports  to  be  opened,  shall  not  go  into  the 
surrounding  country  beyond  certain  short  distances  to  be  named  by 
the  local  authorities,  in  concert  with  the  British  Consvil,  and  on  no 
pretence  for  purposes  of  traffic.  Seamen  and  persons  belonging  to  the 
ships  shall  only  be  allowed  to  land  under  authority  and  rules  which 
wiU  be  fixed  by  the  Consul,  in  communication  with  the  local  officers  ; 
and  should  any  persons  whatever  infringe  the  stipulations  of  this 
Article,  and  wander  away  into  the  country,  they  shall  be  seized  and 
handed  over  to  the  British  Consul  for  suitable  punishment. 

Article  7. — The  Treaty  of  perpetual  Peace  and  Friendship  provides 
for  British  subjects  and  their  families  residing  at  the  cities  and  towns 
of  Canton,  Foo-chow-foo,  Amoy,  Ningpo,  and  Shanghai,  without  mo- 
lestation or  restraint.  It  is  accordingly  determined  that  ground  and 
houses,  the  rent  or  price  of  Avhich  is  to  be  fairly  and  equitably 
arranged  for,  according  to  the  rates  prevailing  amongst  the  people, 
without  exaction  on  either  side,  shall  be  set  apart  by  the  local  officers, 

*  Vide  page  199. 


THE    CONSULAR    DUTIES    IN    CHINA.  209 

in  communication  with  the  Consul,  and  the  Tuimber  of  houses  built,  or 
rented,  will  be  reported  annually  to  the  said  local  officers  by  the 
Consul,  for  the  information  of  their  respective  Viceroys  and  Go- 
vernors ;  but  the  number  cannot  be  limited,  seeing  that  it  will  be 
greater  or  less,  according  to  the  resort  of  merchants. 

Article  8. — The  Emperor  of  China  having  been  graciously  pleased  to 
grant  to  all  foreign  countries  whose  subjects  or  citizens  have  hitherto 
traded  at  Canton  the  privilege  of  resorting  for  purposes  of  trade  to 
the  other  four  ports  of  Foo-chow-foo,  Amoy,  Ningpo,  and  Shanghai,  on  . 
the  same  terms  as  the  English,  it  is  further  agreed,  that  should 
the  Emperor  hereafter,  from  any  cause  whatever,  be  pleased  to  grant 
additional  privileges  or  immunities  to  any  of  the  subjects  or  citizens 
of  such  foreign  countries,  the  same  privileges  and  immunities  vr\\\  be 
extended  to,  and  enjoyed  by,  British  subjects ;  but  it  is  to  be  under- 
stood, that  demands  or  requests  are  not  on  this  plea  to  be  unneces- 
sarily brought  forward. 

Article  9. — If  lawless  natives  of  China,  having  committed  crimes  or 
offences  against  their  own  Government  shall  flee  to  Hong-Kong,  or  to 
the  English  ships  of  war,  or  English  merchant-ships  for  refuge,  they 
shall,  if  discovered  by  the  English  officers,  be  handed  over  at  once  to 
the  Chinese  officers  for  trial  and  punishment ;  or  if,  before  such  dis- 
covery be  made  by  the  English  officers,  it  shoidd  be  ascertained 
or  suspected  by  the  officers  of  the  Government  of  China  whither 
such  criminals  and  offenders  have  fled,  a  communication  shall  be  made 
to  the  proper  English  officer,  in  order  that  the  said  criminals  and 
offenders  may  be  rigidly  searched  for,  seized,  and,  on  proof  or  admis- 
sion of  their  guilt,  delivered  up.  In  like  manner,  if  any  soldier  or 
sailor,  or  any  other  person,  whatever  his  caste  or  country,  who  is 
a  subject  of  the  Crown  of  England,  shall,  from  any  cause  or  on 
any  pretence,  desert,  fly,  or  escape  into  the  Chinese  territory,  such 
soldier,  or  sailor,  or  other  person,  shall  be  apprehended  and  confined 
by  the  Chinese  Authorities,  and  sent  to  the  nearest  British  Consular 
or  other  Government  officer.  In  neither  case  shall  concealment 
or  refuge  be  afforded. 

Article  10. — At  each  of  the  five  ports  to  be  opened  to  British  mer- 
chants, one  English  cruiser  will  be  stationed  to  enforce  good  order  and 
discipline  amongst  the  crews  of  merchant  shipping,  and  to  support  the 
•necessary  authority  of  the  Consul  over  British  subjects.  The  crew  of 
such  ship  of  war  will  be  carefully  restrained  by  the  officer  commanding 
the  vessel,  and  they  will  be  subject  to  all  the  rules  regarding  going  on 
shore  and  straying  into  the  country,  that  are  already  laid  down  for  the 
crews  of  merchant-vessels.  Whenever  it  may  be  necessary  to  relieve 
such  ships  of  war  by  another,  intimation  of  that  intention  will  be  com- 

2  E 


210  THE    CONSULAK    DUTIES    TN    CHINA. 

municated  by  the  Consul,  or  by  the  British  Superintendent  of  trade, 
where  circumstances  will  permit,  to  the  local  Chinese  authorities,  lest 
the  appearance  of  an  additional  ship  should  excite  misgivings  amongst 
the  people;  and  the  Chinese  cruisers  are  to  offer  no  hindrance  to  such 
relieving  ship,  nor  is  she  to  be  considered  liable  to  any  port-charges, 
or  other  rules  laid  down  in  the  general  regulations  of  trade,  seeing 
tliat  British  ships  of  war  never  trade  in  any  shape. 

Article  11.— The  posts  of  Chusan  and  Koolangsoo  Avill  be  withdrawn, 
as  provided  for  in  the  treaty  of  perpetual  peace  and  friendship,  the 
moment  all  the  monies  stipulated  for  in  that  treaty  shall  be  paid  ;  and 
the  British  Plenipotentiary  distinctly  and  voluntarily  agrees,  that  all 
dwelling-houses,  store-houses,  barracks,  and  other  buildings  that  the 
British  troop's  or  people  may  have  occupied,  or  intermediately  built  or 
repaired,  shall  be  handed  over,  on  the  evacuation  of  the  posts,  exactly 
as  they  stand,  to  the  Chinese  authorities,  so  as  to  prevent  any  pretence 
for  delay,  or  the  slightest  occasion  for  discussion  or  dispute  on  those 
points. 

Article  12. — A  fair  and  regular  tariff  of  duties  and  other  dues  having 
now  been  established,  it  is  to  be  hoped  that  the  system  of  smuggling 
which  has  heretofore  been  carried  on  between  English  and  Chinese 
merchants — in  many  cases  with  the  open  connivance  and  collusion  of 
the  Chinese  Custom-house  officers — will  entirely  cease  ;  and  the  most 
peremptory  proclamation  to  all  English  merchants  has  been  already 
issued  on  this  subject  by  the  British  Plenipotentiary,  who  will  also 
instruct  the  different  Consuls  to  strictly  watch  over,  and  carefully 
scrutinize,  the  conduct  of  all  persons,  being  British  s^^bjects,  trading 
under  his  superintendence.  In  any  positive  instance  of  smuggling 
transactions  coming  to  the  Consiil's  knowledge,  he  will  instantly 
apprise  the  Chinese  authorities  of  the  fact,  and  they  will  proceed  to 
seize  and  confiscate  all  goods,  whatever  their  value  or  nature,  that  may 
have  been  so  smuggled,  and  will  also  be  at  liberty,  if  they  see  fit,  to 
prohibit  the  ship  from  which  the  smuggled  goods  were  landed,  from 
trading  further,  and  to  send  her  away,  as  soon  as  her  accounts  are 
adjusted  and  paid.  The  Chinese  Government  officers  will,  at  the  same 
time,  adopt  whatever  measures  they  may  think  fit  with  regard  to  the 
Chinese  merchants  and  Custom-house  officers,  who  may  be  discovered 
to  be  concerned  in  smuggling. 

Article  13. — All  persons,  whether  natives  of  China  or  otherwise,  who 
may  wish  to  convey  goods  from  any  one  of  the  five  ports  of  Canton, 
Foochowfoo,  Amoy,  Ningpo,  and  Shanghai,  to  Hong-Kong,  for  sale 
or  consumption,  shall  be  at  full  and  perfect  liberty  to  do  so,  on  paying 
the  duties  on  such  goods,  and  obtaining  a  pass,  or  port  clearance,  from 
the  Chinese  Custom-house  at  one  of  the  said  ports.     Should  natives  of 


THE    CONSULAR    DUTIES    IN    CHINA.  211 

China  wish  to  repair  to  Hong-Kong  to  purchase  goods,  they  shall  have 
free  and  full  permission  to  do  so  ;  and  should  they  require  a  Chinese 
vessel  to  carry  away  their  purchases,  they  must  obtain  a  pass,  or  port 
clearance,  for  her  at  the  Custom-house  of  the  port  whence  the  vessel 
may  sail  for  Hong-Kong.  It  is  further  settled,  that  in  all  cases  these 
passes  are  to  be  returned  to  the  officers  of  the  Chinese  Government, 
as  soon  as  the  trip  for  which  they  may  be  granted  shall  be  completed. 

Article  14. — An  English  officer  will  be  appointed  at  Hong-Kong,  one 
part  of  whose  duty  will  be  to  examine  the  registers  and  passes  of  all 
Chinese  vessels  that  may  repair  to  that  port  to  buy  or  sell  goods  ;  and 
should  such  officer  at  any  time  find  that  any  Chinese  merchant-vessel 
has  not  a  pass,  or  register,  from  one  of  the  five  ports,  she  is  to  be  con- 
sidered as  an  unauthorised  or  smuggling  vessel,  and  is  not  to  be  allowed 
to  trade,  whilst  a  report  of  the  circumstance  is  to  be  made  to  the 
Chinese  authorities.  By  this  arrangement,  it  is  to  be  hoped  that  piracy 
and  illegal  traffic  will  be  effectually  prevented. 

Article  15. — Should  natives  of  China,  who  may  repair  to  Hong-Kong 
to  trade,  incur  debts  there,  the  recovery  of  such  debts  must  be  arranged 
for  by  the  English  Courts  of  Justice  on  the  spot ;  but  if  the  Chinese 
debtor  shall  abscond  and  be  known  to  have  property,  real  or  personal, 
within  the  Chinese  territory,  the  rule  laid  down  in  the  fourth  clause  of 
the  General  Regulations  for  Trade  shall  be  applied  to  the  case  ;  and  it 
will  be  the  duty  of  the  Chinese  authorities,  on  application  by,  and  in 
concert  with,  the  British  Consuls,  to  do  their  utmost  to  sec  justice  done 
between  the  parties.  On  the  same  principle,  should  a  British  merchant 
incur  debts  at  any  of  the  five  ports,  and  fly  to  Hong-Kong,  the  British 
authorities  will,  on  receiving  an  application  from  the  Chinese  Govern- 
ment officers,  accompanied  by  statements  and  full  proofs  of  the  debts, 
institute  an  investigation  into  the  claims,  and,  Avhen  established,  oblige 
the  defiiulter  or  debtor  to  settle  them  to  the  utmost  of  his  means. 

Article  16. — It  is  agreed,  that  the  Custom-house  officers  at  the  five 
ports  shall  make  .a  monthly  Ireturu  to  Canton,  of  the  passes  granted 
to  vessels  proceeding  to  Hong-Kong,  together  with  the  nature  of  their 
cargoes  ;  and  a  copy  of  these  returns  w  ill  be  embodied  in  one  return, 
and  communicated  once  a  month  to  the  proper  English  officer  at  Hong- 
Kong.  The  said  English  officer  will,  on  his  part,  make  a  similar  return 
or  communication  to  the  Chinese  authorities  at  Canton,  showing  the 
names  of  Chinese  vessels  arrived  at  Hong-Kong,  or  departed  from 
that  port,  with  the  nature  of  their  cargoes  ;  and  the  Canton  authorities 
will  apprise  the  Custom-houses  at  the  five  ports,  in  order  that,  by  these 
arrangements  and  precautions,  all  clandestine  and  illegal  trade,  under 
the  cover  of  passes,  may  be  averted. 

\7th,  or  additional  Article. — Relatintj  to  Brilisli  Small  Craft. — Various 


212  THE   CONSULAR    DUTIES    IN    CHINA, 

small  vessels  belonging  to  the  English  nation,  called  schooners,  cutters, 
lorchas,  &c.,  &c.,  have  not  hitherto  been  chargeable  with  tonnage  dues. 
It  is  now  agreed,  in  relation  to  ihis  class  of  vessels  which  ply  between 
Hong-Kong  and  the  city,  and  the  city  and  Macao,  that  if  they  only 
carry  passengers,  letters,  and  baggage,  they  shall,  as  heretofore,  pay 
no  tonnage  dues  ;  but  if  these  small  craft  carry  any  dutiable  articles, 
no  matter  how  small  the  quantity  may  be,  they  ought,  in  principle,  to 
pay  their  full  tonnage  dues.  But  this  class  of  small  craft  are  not  like 
the  large  ships  which  are  engaged  in  foreign  trade ;  they  are  constantly 
coming  and  going  ;  they  make  several  trips  a  month,  and  are  not  like 
the  large  foreign  ships,  which,  on  entering  the  port,  cast  anchor  at 
Whampoa.  If  we  were  to  place  them  on  the  same  footing  as  the 
large  foreign  ships,  the  charge  would  fall  unequally  ;  therefore  after 
this,  the  smallest  of  these  craft  shall  be  rated  at  75  tons,  and  the 
largest  not  to  exceed  150  tons  ;  whenever  they  enter  the  port  (or  leave 
the  port  with  cargo)  they  shall  pay  tonnage  dues  at  the  rate  of  one 
mace  per  ton  register.  If  not  so  large  as  75  tons,  they  shall  still  be 
considered  and  charged  as  of  75  tons ;  and  if  they  exceed  150  tons, 
they  shall  be  considered  as  large  foreign  ships,  and,  like  them,  charged 
tonnage  dues,  at  the  rate  of  five  mace  per  register  ton.  Foo-chow-foo 
and  the  other  ports  having  none  of  this  kind  of  intercourse,  and  none  of 
this  kind  of  small  craft,  it  would  be  unnecessary  to  make  any  arrange- 
Uient  as  regards  them. 

The  following  are  the  rules  by  which  they  are  to  be  regulated : 

1st.  Every  British  schooner,  cutter,  lorcha,  &c.,  shall  have  a  sailing 
letter  or  register  in  Chinese  and  English,  under  the  seal  and  signature 
of  the  chief  superintendent  of  trade,  describing  her  appearance, 
burthen,  &c.,  &c. 

2nd.  Every  schooner,  lorcha,  and  such  vessel,  shall  report  herself, 
as  large  vessels  are  required  to  do,  at  the  Bocca  Tigris  ;  and  when  she 
carries  cargo,  she  shall  also  report  herself  at  Whampoa,  and  shall,  on 
reaching  Canton,  deliver  up  her  sailing  letter  or  register  to  the  British 
Consul,  who  will  obtain  permission  from  the  Hoppo  for  her  to  dis- 
charge her  cargo,  which  she  is  not  to  do  Avithout  such  permission, 
under  the  forfeiture  of  the  penalties  laid  down  in  the  3rd  clause  of  the 
general  regulations  of  trade. 

Srd.  When  the  inward  cargo  is  discharged,  and  an  outward  one  (if 
intended)  taken  on  board,  and  the  duties  on  both  arranged  and  paid, 
the  Consul  will  restore  the  register  or  sailing  letter,  and  allow  the 
vessel  to  depart. 

This  supplementary  treaty,  to  be  attached  to  the  original  treaty  of 
peace,  consisting  of  sixteen  articles,  and  one  additional  article  relating 
to  small  vessels,  is  now  written  out,  forming,  with  its  accompaniments. 


THE    CONSULAR   DUTIES    IN    CHINA.  213 

four  pamphlets,  and  is  formally  signed  and  sealed  by  their  excellencies 
the  British  Plenipotentiary,  and  the  Chinese  Imperial  Commissioner, 
who,  in  the  first  instance,  take  two  copies  each,  and  exchange  them, 
that  their  provisions  may  be  immediately  carried  into  effect.  At  the 
same  time,  each  of  these  high  functionaries,  having  taken  his  two 
copies,  shall  duly  memorialize  the  Sovereign  of  his  nation  ;  but  the 
two  countries  are  differently  situated  as  respects  distance,  so  that  the 
will  of  the  one  Sovereign  can  be  known  sooner  than  the  will  of  the 
other.  It  is  now  therefore  agreed,  that  on  receiving  the  gracious 
assent  of  the  Emperor  in  the  vermilion  pencil,  the  Imperial  Com- 
missioner will  deliver  the  very  document  containing  it  into  the  hands 
of  his  Excellency  Hwang,  Judge  of  Canton,  who  will  proceed  to  such 
place  as  the  Plenipotentiary  may  appoint,  and  deliver  it  to  the  English 
Plenipotentiary  to  have  and  to  hold.  Afterwards,  the  sign  manual  of 
the  Sovereign  of  England  havmg  been  received  at  Hong-Kong,  like- 
wise graciously  assenting  to  and  confirming  the  treaty,  the  English 
Plenipotentiary  will  despatch  a  specially  appointed  officer  to  Canton, 
who  will  deliver  the  copy  containing  the  royal  sign  manual  to  his 
Excellency  Hwang,  who  Avill  forward  it  to  the  Imperial  Commissioner, 
as  a  rule  and  a  guide  to  both  nations  for  ever,  and  as  a  solemn 
confirmation  of  our  peace  and  friendship. 

A  most  important  supplementary  treaty. 

Signed  and  sealed  at  Hoomun-Chae,  on  the  Eighth  day  of  October, 
1843,  corresponding  with  the  Chinese  date  of  the  Fifteenth  day  of  the 
Eighth  moon,  of  the  23rd  year  of  Taoukwang. 

(l.s.)  Henry  Pottinger. 

Seal  and  Signature  of  Chinese  Plenipotentiary. 


Proclamation  issued  by  Sir  Henry  Pottinger. 

Sir  Henry  Pottinger,  Bart.,  G.C.B.,  Her  Britannic  Majesty's 
Plenipotentiary,  &c.,  &c.,  in  China,  has  the  gratification  to  announce, 
for  the  general  information  and  guidance  of  all  subjects  of  Her 
said  Majesty,  that  he  has  concluded  and  sealed,  with  the  High  Com- 
missioner appointed  by  His  Imperial  Majesty  the  Emperor-of  China  to 
treat  with  him,  a  Commercial  Treaty,  stipulated  for  in  the  definitive 
treaty  of  peace,  signed  at  Nanking  on  the  29th  day  of  August,  1842, 
and  the  ratifications  of  which  definitive  treaty  of  peace  have  been 
lately  exchanged  vuider  the  Signs  Manual  and  Seals  of  Her  Majesty 


214  THE    CONSULAR    DUTIES    IN    CHINA. 

the  Queen  of  Great  Britain  and  Ireland,  &c.,  and  His  Majesty  the 
Emperor  of  China. 

Her  Britannic  Majesty's  Plenipotentiary,  &c.,  now  publishes  the 
export  and  import  tariff,  and  the  regulations  of  trade,  which  have 
been,  after  the  most  searching  scrutiny  and  examination,  fixed  and 
finally  agreed  upon,  and  wliich  tariff  and  regulations  of  trade  are  to 
be  promulgated  in  Chinese,  simultaneously  with  this  proclamation, 
accompanied  by  a  proclamation  on  the  part  of  the  Imperial  Com- 
missioner, &c. 

Her  Britannic  Majesty's  Plenipotentiary,  &c.,  trusts,  that  the 
provisions  of  the  commercial  treaty  will  be  found  in  practice  mutually 
advantageous,  beneficial,  and  just,  as  regards  the  interests,  the  honour, 
and  the  future  augmented  prosperity  of  the  Governments  of  the  two 
Mighty  Contracting  Empires,  and  their  subjects  :  and  his  Excellency 
most  solemnly  and  urgently  calls  upon  all  subjects  of  the  British 
Crown,  individually  and  collectively,  by  their  allegiance  to  their 
Sovereign,  by  their  duty  to  their  country,  by  their  own  personal 
reputation,  respect,  and  good  name,  and  by  the  integrity  and  honesty 
which  is  due  from  them  as  men,  to  the  imperial  rights  of  the  Emperor 
of  China,  not  only  to  strictly  conform  and  act  up  to  the  said  provisions 
of  the  commercial  treaty,  but  to  spurn,  decry,  and  make  known  to 
the  world,  any  base,  unprincipled,  and  traitorous  overtures  which  they, 
or  their  agents  or  employ6s,  may  receive  from,  or  which  may  be  in 
any  shape  made  to  them,  by  any  subject  of  China— whether  officially 
connected  with  the  Government,  or  not — towards  entering  into  any 
collusion  or  scheme  for  the  purpose  of  evading,  or  acting  in  con- 
travention of,  the  said  provisions  of  the  commercial  treaty. 

Her  Britannic  Majesty's  Plenipotentiary,  &c.,  will  not  allow  himself 
to  anticipate  or  suppose,  that  the  appeal  which  he  now  makes  to  all 
Her  Majesty's  subjects  will  be  unheeded,  "or  overlooked,  by  even  a 
single  individual ;  but  at  the  same  Time  it  is  his  duty,  in  the  respon- 
sible and  unprecedented  situation  in  which  he  has  been  placed  by  the 
course  of  events,  to  distinctly  intimate,  that  he  is  determined,  by 
every  means  at  his  disposal,  to  see  the  provisions  of  the  commercial 
treaty  fulfilled  by  all  who  choose  to  engage  in  future  in  commerce 
with  China  ;  and  that  in  any  case  Avhere  he  may  receive  well-grounded 
representations  from  Her  Majesty's  Consuls,  or  from  the  Chinese 
authorities,  that  such  provisions  of  the  Commercial  Treaty  have  been 
evaded  (or  have  been  attempted  to  be  so),  he  will  adopt  the  most 
stringent  and  decided  measures  against  the  offending  parties  ;  and 
where  his  present  powers  may  not  fully  authorize  and  sanction  such 
measures  as  may  seem  to  him  fittiug,  he  will  respectfully  trust  that" 
the  Legislature  of  Great  Britain  will  hold  him  indemnified  for  adopt- 


THE    CONSULAR    DUTIES    IN    CHINA.  215 

ing  tliem,  in  an  emergency  directly  compromising  the  national  honour, 
dignity,  and  good  faith  in  the  estimation  of  the  Government  of  China, 
and  in  the  eyes  of  all  other  nations. 

God  save  the  Queen. 
Dated  at  Govei-nment-House,  at  Victoria,  Hong-Kong, 
this  22nd  day  of  July,  1843. 

Henry  Pottinoer. 


Proclamation   issued  hi)  the  Imperial  Commissioner,   S^-c. 

Keying,  High  Commissioner,  &c.,  &c.,  Kekung,  Governor-General, 
&c.,  and  Ching-yuet-sai,  Governor,  &c.,  issue  this  Proclamation  for  the 
purpose  of  giving  clear  information  and  commands. 

Whereas,  when  the  English  had  last  year  ceased  from  hostilities,  our 
august  Sovereign  granted  them  commercial  intei'course  at  Canton  and 
at  four  other  ports,  and  was  graciously  pleased  to  sanction  the  Treaty 
that  had  been  concluded :  the  ratifications  of  that  Treaty  have  now 
therefore  been  exchanged,  and  commercial  regulations  have  been 
agreed  upon,  and  a  Tariff  of  Duties,  wherein  all  fees  and  presents  are 
abolished,  has  been  distinctly  settled.  These,  as  soon  as  the  High 
Commissioner,  with  the  Governor-General  and  Governor,  shall  have 
received  the  replies  of  the  Board  of  Revenue,  shall  be  promulgated, 
and  shall  become  the  rules  to  be  observed  in  the  various  ports.  The 
Tariff  of  Duties  will  then  take  effect  with  reference  to  the  commerce 
with  China  of  all  countries,  as  well  as  of  England. 

Henceforth,  then,  the  weapons  of  war  shall  for  ever  be  laid  aside, 
and  joy  and  profit  shall  be  the  perpetual  lot  of  all ;  neither  slight  nor 
few  will  be  the  advantages  reaped  by  the  merchants,  alike  of  China 
and  of  foreign  countries.  From  this  time  forward  all  must  free  them- 
selves from  prejudice  and  suspicions,  pursuing  each  his  proper  avoca- 
tion, and  careful  always  to  retain  no  inimical  feelings  from  the  recol- 
lection of  the  hostilities  that  have  before  taken  place.  For  such 
feelings  and  recollections  can  have  no  other  effect  than  to  hinder  the 
growth  of  a  good  understanding  between  the  two  people. 

With  regard  to  Foo-chow-foo,  Amoy,  Ningpo,  and  Shanghai,  the  four 
ports  which,  by  His  Imperial  Majesty's  gracious  permission,  are  now 
newly  opened  for  trade,  it  is  requisite  that  the  replies  of  the  Board  of 
Revenue  should  be  received  before  the  commerce  of  those  ports  should 
be  actually  thrown  open.  But  Canton  has  been  a  mart  for  English 
trade  during  more  than  two  centuries  past ;  and,  therefore,  the  new 
regulations   having    been   decided   upon,   they   ought   at  once  to  be 


216  THE    CONSULAR    DUTIES    IN    CHINA. 

brought  into  operation,  that  the  far-travelled  merchants  may  not  be 
any  longer  detained  in  the  outer  seas,  disappointed  in  all  their  antici- 
pations. The  High  Commissioner,  the  Governor-General,  and  the 
Governor,  have,  therefore,  in  concert  with  the  Superintendent  of 
Customs,  determined,  in  fulfilment  of  their  august  Sovereign's  gra- 
cious desire  to  cherish  tenderly  men  from  afar,  that  a  commencement 
shall  be  made  with  the  opening  of  the  Port  of  Canton  under  the  new 
regulations,  on  the  1st  of  the  7th  month.  The  wishes  of  the  merchants 
will  thus,  it  is  hoped,  be  met. 

The  Island  of  Hong-Kong  having  been,  by  the  gracious  pleasure  of 
His  august  Majesty,  granted  as  a  place  of  residence  to  the  English 
nation,  the  merchants  of  that  nation,  who  will  proceed  from  thence  to 
the  various  ports,  will  be  numerous ;  and  such  vessels  as  they  may 
engage  to  convey  them  to  and  fro  will,  therefore,  be  required  to  lie 
under  no  restrictions,  but  merely  to  accept  engagements  at  fair  and 
just  rates.  If,  however,  such  passengers  convey  goods  in  the  same 
boats  with  the  view  of  evading  the  dues  of  Government,  they  shall  be 
subject  to  such  fines  as  the  law  shall  direct.  Should  merchants  of 
China  desire  to  proceed  to  the  Island  of  Hong-Kong  aforesaid, 
to  trade,  they  will  be  required  only  to  report  themselves  to  the  next 
custom-house,  and  to  pay  the  duties  on  their  merchandise  according  to 
the  new  Tariff,  obtaining  a  pass  before  they  quit  port  to  commence 
their  traffick.  Any  who  may  dare  to  go  and  trade  without  having 
requested  such  a  pass,  on  discovery  shall  be  dealt  with  as  offenders  of 
the  laws  against  clandestine  traffic,  and  against  contumacious  visiting 
of  the  open  seas. 

As  to  those  natives  of  China  who,  in  past  days,  may  have  served 
the  English  soldiery  or  others  with  supplies,  and  may  have  been 
apprehended  in  consequence,  the  High  Commissioner  has  obtained 
from  the  good  favour  of  his  august  Sovereign,  vast  and  boundless  as 
that  of  Heaven  itself,  the  remission  of  their  punishment  for  all  past 
deeds  ;  and  any  such  who  may  not  yet  have  been  brought  to  trial  are 
therefore  no  longer  to  be  sought  after,  while  all  who  may  have  been 
seized  and  brought  before  Government  are  granted  a  free  pardon. 
All  persons  of  this  class  must  then  attend  quietly  to  their  avocations, 
with  a  diligent  pursuit  of  evei-ything  that  is  good  and  right :  they 
need  entertain  no  apprehension  of  being  hereafter  dragged  forward, 
nor  yield  in  consequence  to  any  fears  or  suspicions. 

With  reference  to  the  arrangements  which  the  High  Commissioner 
and  his  colleagues  have  made  in  regard  to  duties,  everything  has 
been  done  with  a  single  eye  to  a  just  impartiality  :  all  merchants,  then, 
whether  of  China  or  of  foreign  countries,  are  called  upon  to  con- 
sider the  many  pains  that  the  High  Commissioner  and  his  colleagues 


THE    CONSULAR    DUTIES    IN    CHINA.  217 

have  taken,  and  by  all  means  to  abide  in  the  quiet  pursuit  of  their 
respective  callings,  and  in  the  enjoyment  of  so  auspicious  a  peace. 
From  henceforward  amity  and  goodwill  shall  ever  continue,  and  those 
from  afar  and  those  who  are  near  shall  perpetually  rejoice  together. 
Such  is  the  fervent  hope  of  the  High  Commissioner  and  his  col- 
leagues ;  and  in  this  hope  they  command  implicit  obedience  to  what 
is  now  thus  specially  promulgated. 

A  true  Translation, 

(Signed)  J.  Robt.  Morrison, 

Chinese  Secretary  and  Interpreter. 


Order   in   Council. 

At  the  Court  at  Buckingham  Palace,  the  17th  of  April,  1844. 

Present  .  —  The  Queen's  Most  Excellent  Majesty  in  Council. 

Whereas,  by  a  certain  Act  of  Parliament  made  and  passed  in  the 
session  of  Parliament  holden  in  the  sixth  and  seventh  years  of  Her 
Majesty's  reign,  intituled  "  An  Act  for  the  better  Government  of  Her 
Majesty's   subjects  resorting  to  China,"    it  is  amongst  other  things 
enacted,  that  it  shall  be  lawful  for  Her  Majesty,  by  any  Order  or  Orders 
made  with  the  advice  of  Her  Majesty's  Privy  Council,  to  ordain,  for 
the  government  of  Her  Majesty's  subjects  being  within  the  dominions 
of  the   Emperor   of  China,  or  being  within  any  ship  or  vessel  at  a 
distance  of  not  more  than  one  hundred  miles  from  the  coast  of  China, 
any  law  or  ordinance  which  to  Her  Majesty  in  Council  may  seem 
meet,  as  fully  and  eflfectually  as  any  such  law  or  ordinance  could  be 
made  by  Her  Majesty  in  Council  for  the  government  of  Her  Majesty's 
subjects  being  within  the  Island  of  Hong-Kong  :  And  whereas,  by  a 
certain  other  Act  of  Parliament  made  and  passed  in  the  session  of 
Parliament  holden  as  aforesaid,  intituled  "  An  Act  to  remove  doubts 
as  to  the  exercise  of  power  and  jurisdiction  by  Her  Majesty  within 
divers  countries  and  places  out  of  Her  Majesty's  dominions,  and  to 
render  the  same  more  effectual,"  it  is  amongst  other  things  enacted, 
that  it  is  and  shall  be  lawful  for  Her  Majesty  to  hold,  exercise,  and 
enjoy,  any  power  or  jurisdiction  which  Her  Majesty  now  hath,  or  may 
at  any  time  hereafter  have,  within  any  country  or  place  out  of  Her 
Majesty's  dominions,  in  the  same  and  as  ample  a  manner  as  if  Her 
Majesty  had  acquired  siich  power  or  jurisdiction  by  the  cession  or 

2  F 


218  THE   CONSULA.K   DUTIES    IN   CHINA. 

conquest  of  territory  :  And  whereas,  Her  Majesty  hath  power  and 
jurisdiction  in  the  dominions  of  the  Emperor  of  China;  Now,  there- 
fore in  pursuance  of  the  above-recited  Acts,  or  either  of  them,  Her 
Majesty  is  pleased,  by  and  with  the  advice  of  Her  Privy  Council,  to 
order,  and  it  is  hereby  ordered,  that  Her  Majesty's  Consuls  and  Vice- 
Consuls  resident  within  the  said  dominions,  or  such  other  persons  as 
by  warrant  under  the  hand  and  seal  of  the  Chief  Superintendent  of  the 
trade  of  Her  Majesty's  subjects  in  China  for  the  time  being  shall  be 
appointed  to  act  provisionally  as  Consuls  or  Vice-Consuls,  shall 
severally  in  the  districts  within  which  they  may  respectively  be 
appointed  to  reside,  have  and  hold  all  necessary  power  and  authority 
to  exercise  jurisdiction  over  British  subjects  within  such  districts  as 
aforesaid,  for  the  repression  and  punishment  of  crimes  and  offences 
by  them  committed  within  the  dominions  of  the  Emperor  of  China,  and 
for  the  arrangement  and  settlement  of  all  and  all  manner  of  dili'or- 
ences,  contentions,  suits,  and  variances  that  may  or  shall  happen  to 
arise  between  them  or  ^ny  of  them  ;  and  shall  moreover  have  power 
and  authority,  as  far  as  in  them  lies,  to  compose  and  settle  all  and  all 
manner  of  differences,  contentions,  suits,  and  variances  that  may  or 
shall  happen  to  arise  between  British  subjects  and  the  subjects  of  the 
Emperor  of  China,  and  between  British  subjects  and  the  subjects  of 
any  Foreign  Power,  and  which  may  be  brought  before  them  for  settle- 
ment :  And  whereas  by  the  above  first-recited  Act,  it  is  enacted,  that 
it  shall  be  law  ful  for  Her  Majesty,  by  any  Commission  or  Commissions 
under  the  Great  Seal  of  the  United  Kingdom,  or  by  any  instructions 
under  Her  Majesty's  signet  and  sign  manual,  accompanying  and 
referred  to  in  any  such  commission  or  commissions,  to  authorize  the 
Superintendent  of  the  trade  of  Her  Majesty's  subjects  in  China  (so 
long  as  such  Superintendent  shall  be  also  governor  of  the  island  of 
Hong-Kong),  to  enact  with  the  advice  of  the  Legislative  Council  of 
the  said  island  of  Hong-Kong,  all  such  laws  and  ordinances  as  may 
from  time  to  time  be  required  for  the  peace,  order,  and  good  govern- 
ment of  Her  Majesty's  subjects  being  within  the  dominions  of  the 
Emperor  of  China,  or  being  within  any  ship  or  vessel  at  a  distance  of 
not  more  than  one  hundred  miles  from  the  coast  of  China,  and  to 
enforce  the  execution  of  such  laws  and  ordinances  by  such  penalties 
and  forfeitures,  as  to  him,  by  the  advice  aforesaid,  shall  seem  fit : 
And  whereas  Her  Majesty  has  been  pleased  to  grant  such  commission 
as  aforesaid  to  John  Francis  Davis,  Esq.,  appointed  by  Her  Majesty 
Superintendent  of  the  trade  of  Her  subjects  in  China,  or  the  Supei-in- 
tendent  for  the  time  being  of  such  trade  ;  Now  therefore  Her  Majesty 
is  pleased,  by  and  with  the  advice  of  Her  Privy  Council,  to  order,  and 
it  is  hereby  ordered,  that  her  Majesty's  Consuls  and  Vice-Consuls  in 


THE  CONSULAR  DUTIES  IN  CHINA.  219 

China,  or  any  persons  acting  provisionally  as  such  Consuls  or  Vice- 
Coiisuls  as  aforesaid,  shall  in  the  exercise  of  the  jurisdiction  granted 
unto  them  by  this  present  Order,  be  governed  by  such  laws  and. 
ordinances  in  that  behalf  as  may  be  enacted,  in  the  manner  and  form 
aforesaid,  by  the  Superintendent  of  the  trade  of  Her  Majesty's  subjects 
in  China  for  the  time  being,  being  the  Governor  of  Hong-Kong.  And 
in  further  exercise  of  the  powers  in  Her  Majesty  vested  by  the  above- 
recited  Act  for  "  Removing  doubts  as  to  the  exercise  of  power  and 
jurisdiction  by  Her  Majesty  withm  divers  places  out  of  Her  do- 
minions, and  for  rendering  the  same  more  effectual,"  Her  Majesty  is 
pleased,  by  and  with  the  advice  of  Her  Privy  Council,  to  appoint  the 
colony  of  Hong-Kong  as  the  British  colony  wherein  crimes  and  offences 
committed  by  British  subjects  within  the  dominions  of  the  Emperor 
of  China,  which  it  may  be  expedient  shall  be  enquired  of,  tried, 
determined,  and  punished  within  Her  Majesty's  dominions,  shall  be  so 
enquired  of,  tried,  determined,  and  punished;  and  that  Her  Majesty's 
Consuls,  Vice-Consuls,  or  other  persons  provisionally  acting  as  such 
imder  warrant  from  the  Chief  Superintendent  of  British  trade  in  China, 
as  aforesaid,  shall  have  authority  to  cause  any  British  subject, 
charged  with  the  commission  of  any  crime  or  offence,  the  cognizance 
whereof  may  at  any  time  appertain  to  them,  or  any  of  them,  to  be 
sent  for  trial  to  the  said  Colony  of  Hong-Kong.  And  it  is  further 
ordered,  that  the  Chief  Justice  of  the  Colony  of  Hong-Kong  for  the 
time  being,  or  other  person  provisionally  acting  as  such,  shall,  when 
duly  required  by  the  said  Superintendent,  proceed  to  the  dominions  of 
the  Emperor  of  China,  and  shall  have  power  and  authority  withm  the 
said  dominions  to  enquire  of,  try,  determine,  and  punish  any  crimes 
or  oifences  committed  by  British  subjects  within  the  said  dominions. 
And  the  Right  Honourable  the  Earl  of  Aberdeen,  and  the  Right 
Honourable  Lord  Stanley,  two  of  Her  Majesty's  Principal  Secretaries 
of  State,  are  to  give  the  necessary  directions  herein  as  to  them  may 
respectively  appertain. 

(Signed)  C.  C.  Greville. 


220  THE    CONSULAR    DUTIES    IN    CHINA. 

Ordinances  passed  in  the  year  1844  by  the  Chief  Super- 
intendent OF  British  Trade  in  China,  with  the  Advice 
OF  the  Legislative  Council  of  Hong-Kong,  in  virtue 
OF  the  Powers  Conferred  upon  Her  Majesty  by  the 
Act  of  the  6th   and  7th  Victoria,  Cap.  80.* 

N.B.  All  the  Ordinances  are  for  Her  Majesty's  subjtcts 
within  the  dominions  of  the  Emperor  of  China,  or  within  any 
ship  or  vessel  at  a  distance  of  not  more  than  one  hundred  miles 
from  the  coast  of  Chitia. 

No.  1. 
Anno  Sexto  et  Septimo  Victoriae  Reginaj.     (No.  .1   of  1844.) 
By  His  Excellency  Sir  Henry  Pottinger,  &c.,  &c. 

Title.  An  Ordinance  to  render  Her  Majesty's  subjects  within  the 

dominions  of  the  Emperor  of  China,  or  within  any  ship  or 
vessel  at  a  distance  of  not  more  than  one  hundred  miles  from 
the  coast  of  China,  subject  in  all  matters  to  the  law  of  Eng- 
land, and  to  extend  the  jurisdiction  of  the  Courts  of  Justice 

Preamble      at  Hong-Kong  ovcr  the  same. 

reciting  °  ° 

powers  given 

by  Act  6  &  7  [January  24,  1844.] 

Vict.,  c.  80. 

Lawof  Eng-      1-  Be  it  therefore  enacted,  by  His  Excellency  the  Governor 

tend  to^au''"  °^  Hong-Kong  and  Superintendent  of  the  trade  of  Her  Ma- 

HerMa-  iestv's  subjects  in  China,  with  the  advice  of  the  Legislative 
jesty's  sub-  •>''•>  '  i       ,.  i 

jeets  within   Council  of  Hong-Kong  aforesaid,   that  from  and  after  the 

nions°of  the  passing  of  this  ordinance,  the  law  of  England  shall  have  the 
Chin"""^  °'^same  force,  virtue,  power,  and  effect  over  Her  Majesty's  sub- 
within    any  jects  within  the  dominions  of  the  Emperor  of  China,  or  within 

ship   or  ves-  ,.  ,  iii 

sei  at  a  dis-  any  ship  or  vessel  at  a  distance  of  not  more  than  one  hundred 
more'than°*™il^^  from  the  coast  of  China,  in  all  matters  whatsoever, 

one  hundred  whether  civil  or  criminal,  that  it  has  over  Her  Maiesty's  said 

miles     from  .  .  o       ^ 

the  coast  of  subjects  actually  within  Her  Majesty's  colony  of  Hong-Kong. 

2.  And  be  it  enacted,  That  the  Courts  of  Justice  at  Hona;- 
Courts  of  ,  .  ° 

Justice  at      Kong,  which  are  now,  or  shall  be  hereafter  erected,  shall  have 

toha'vejiiris-tbe  same  power,  jurisdiction,   and  authority  in  all  matters 

^'e''^"j^_°^®'^  whatsoever,  whether  civil  or  criminal,   over  Her  Majesty's 

jesty's    sub- subjects  within  the  dominions  of  the  Emperor  of  China,  or 

jects    witliin      ■-,•-,■ 

the  domi-     withm  any  ship  or  vessel  at  a  distance  of  not  more  than  one 

*  Ordinances  2  and  3  were  repealed  by  No.  1,  1817,  and  No.  2, 
1846. 


THE    CONSULAR    DUTIES    IN    CHINA.  221 

hundred  miles  from  the  coast  of  China,  that  the  Courts  afore-  "'""s  of  the 
said  have,  or  shall  have,  over  Her  Majesty's  subjects  actually  China,  o^r 
resident  \dthiii  Her  Majesty's  colony  of  Hong-Kong.  Thip^or  v*e"- 

3.  And  be  it  enacted,  in  case  of  any  murder,   felony,  rob-  '^'^^  *'  ^  '^^'^^ 

■'  ■"  taiice  of  not 

bery,    theft,  trespass,  wrong,    or   crime   whatsoever,    being  more  than 

charged  to  have  been  done  upon  the  person  or  property  of  miles  from*' 

any  one  whatsoever,  within  the  dominions  of  the  Emperor  of  ^^Jfina"^^'  "^ 

China,  or  within  any  ship  or  vessel  at  a  distance  of  not  more  No  oiijectiou 

than  one  hundred  miles  from  the  coast  of  China,  by  any  of  ^°„!^f„"gj°^^f,'' 

Her  Majesty's  subjects,  that  it  shall  not  be  lawful  for  the  locality  "f 

1  .  the  jurisdic- 

person  charged  therewith   to   object  to  the  locality   of  the  tion  of  the 

jurisdiction  of  the  said  Courts  at  Hong-Kong,  but  he  shall  be  H°o'n''-Kong. 
indicted,  tried,  convicted,  and  punished,  or  acquitted,  or 
demeaned  in  all  respects,  as  if  the  offence  wherewith  he  may 
be  charged  had  been  committed  within  the  colony  of  Hong- 
Kong,  upon  the  body  or  property  of  a  person  within  the 
peace  of  our  Sovereign  Lady  the  Queen. 

4.  And  for  the  prevention  of  doubts  upon  the  subject,  be  it  Macao  to  bo 
enacted,  That  the  peninsula  of  Macao  shall  for  the  purposes  ^^^^^^  ^he 
of  this  ordinance  and  of  all  other  ordinances  made  by  virtue  tiominionsof 
of  the  power  hereinbefore  mentioned,  be  deemed  and  taken  o^chkirfor 
to  be  within  the  dominions  of  the  Emperor  of  China.  of%ius'^a'ifd 

r,-  IS  TT  -n  other  like 

(bigneu)  Henry  Fottinger,  ordinances. 

Superintendent  of  Trade  and  Governor  of  Hong-Kong,  ^c. 

Passed  the  Legislative  Council,  on  the  24th  day  of  January, 
1844. 
(Signed)  Richard  Burg  ass. 

Cleric  of  the  Legislative  Coimeil. 

No.  4. 

Anno  Sexto  et  Septimo  Victoriae  Reginse.     (No.  4  of  1844.) 
By  His  Excellency  Sir  Henry  Pottinger,  &c.,  &c. 

An    Ordinance   to  restrain   Her  Majesty's   subjects  from  xitie 
trading  in  the  Empire  of  China,  to  the  northward  of  the  32nd 
degree  of  north  latitude. 

[March  20,  1844.] 
Whereas,  to  secure  the  due  observance  of  the  treaties  be-  preamble, 
tween  the  empires  of  Great  Britain  and  China,  it  is  expedient 
to  confine  the  trade  of  Her  Majesty's  subjects  to  the  limits 
included  by  the  five  ports   in  China  provided  by  the  said 
treaties  for  the  same  : 


222  THE   CONSULAR   DUTIES   IN   CHINA. 

Trade  to  the      1 .  Be  it  therefore  enacted  by  His  Excellency  the  Governor 

ot"thr32'nd  of  Hong-Kong,  and  Superintendent  of  the  Trade  of  Her  Ma- 

''o^una[i     J^^^-y'^  subjects  in  China,  with  the  advice  of  the  Legislative 

tilde    to  be  Council  of  Hong-Kong,  that  all  trade  whatsoever  by  Her 

Majesty's  subjects  in,  to,   or  from  any  part  of  the  coast  of 

China  to  the  northward  of  the  32nd  degree  of  north  latitude, 

shall  be,  and  is  hereby  declared  to  be  unlawful. 

Conveying        2.  And  be  it  enacted,  if  any  subject  of  Her  Majesty  within 

fo  °Vdd  ^^°^  *^®  dominions  of  the  Emperor  of  China,  or  within  any  ship  or 

limits.  vessel  at  a  distance  of  not  more  than  one  hundred  miles  from 

the  coast  of  China,  shall  export,  or  carry,  or  contract  for  ex- 

portmg,  or  carrying,  or  shall  ship  or  embark,  or  contract  for 

shipping  and  embarking,  from,  to,  or  in  the  limits  aforesaid. 

Fitting    out  any  treasure,  goods,  or  merchandize  whatsoever,  or  shall  fit 

unlawful       out,  man,  navigate,  equip,  despatch,  use,  employ,  let,  or  take 

trade.  ^^  freight  or  on  hire  any  vessel,   or  so   contract  in  order  to 

embark  in  the   trade  hereby    declared  unlawful,  or    shall 

Lending       knowingly  and  wilfully  lend  and  advance  or  become  security 

empufyed  ^n  ^°^'  ^^  contract  for  the  lending  or  becoming  security  for,  the 

unlawful      loan  of  money  or  effects  employed  or  to  be  employed  in  such 

Guarantee-   ^^^^^  ^^  aforesaid,  or  shall  knowingly  and  wilfully  become 

ing  Agents,  guarantee  and  security  for,  or  contract  for  guaranteeing  any 

agent  employed  or  to  be  employed  in  conducting  such  trade 

Engaging  in  as  aforesaid,  or  in  any  other  manner  engage  or  contract  to 

in  unlawful  engage,  directly  or  indirectly  therein,  as  a  partner,  agent,  or 

tTade.  otherwise,  or  shall  knowingly  and  wilfully  ship,  transship, 

good.s,  &c.     lade,  receive,  or  put  on  board,  or  contract  for  shipping,  goods, 

money,  or  effects  to  be  employed  in  such  trade  as  aforesaid, 

Navigating    or  shaU  take  the  charge  of,   or  command,  or  navigate,  or 

ship.  D  '  J  o        ' 

enter,  or  embark  on  board  of  any  vessel,  or  contract  to  do  so, 

as  captain,  master,  mate,  surgeon,  or  supercargo,  knowing 

that  the  vessel  is  employed,  or  hitended  to  be   employed,  in 

Insuring       sucli  unlawful  trade  as  aforesaid,  or  shall  knowingly  and  wil- 

s  "p.  fully  insure,  or  contract  for  the  insuring  of  any  property  or 

effects  whatsoever,  employed  or  intended  to  be  employed  in 

Penalties  for  such  trade  as  aforesaid,  then  and  in  every  such  case  the  per- 

a.bovG 

offence.        SOUS  SO  offending  shall  forfeit  a  sum  not  exceeding  ten  thou- 
sand dollars,  and  in  default  of  payment  of  such  penalty  shall 
be  liable  to  be  imprisoned  for  any  term  not  exceeding  two 
years. 
Penally    on      •'5-  And  be  it  enacted,  if  any  person  shall  enter  and  embark 
h!g  on  bra7d"  ^'^  board  of  any  ship   or  vessel  as   petty   officer,    seaman, 
ships  en-      marine,  or  servant,  or  in  any  other  capacity,  knowing  that  the 


THE    CONSULAR    DUTIES    TX    CHINA.  223 

vessel  is  actually  employed,  or  intended  to  be  employed,  in  ga^ed  in  un- 
tlie  trade  hereby  declared  to  be  unlawful,   such  person  so  ^"  "^ 
offending  shall  forfeit   a   sum  not  exceeding   five   hundred 
dollars,  and  in  default  of  payment  shall  be  liable  to  be  im- 
prisoned, with  or  without  hard  labour,  for  any  period  not  ex- 
ceeding three  months. 

4.  And  be  it  enacted,  That  if  anyperson  offending  as  a  petty  Seamen  giv- 

/Y?  •  i.  •      J.  p  J.-U  ing  informa- 

officer,  seaman,  marine,  or  servant,  against  any  oi  the  pro-  tion    to    be 

visions  of  this  ordinance,  shall  within  one  year  after  the  "riemnified 

'  •'  and  re- 

offence  give  information  on  oath  before  a  competent  magis- warded. 

trate,  against  any  person  whatsoever  who  shall  have  com- 
mitted any  offence  against  this  ordinance,  and  shall  give  evi- 
dence on  oath  against  him  before  any  magistrate  or  Court 
before  whom  such  offender  shall  be  tried,  or  if  such  petty 
officer,  seaman,  marine,  or  servant  so  offending,  shall  give  in- 
formation so  that  such  offender  shall  be  convicted,  then  and 
in  such  case  such  informer  shall  receive  such  part  of  any 
forfeited  sum  of  money  as  is  hereinafter  provided,  and  shall 
not  be  liable  to  any  of  the  pains  or  forfeitures  provided  by 
this  ordinance. 

5.  And  be  it  enacted.  That  the  Superintendent  of  the  trade  Superin- 

of  Her  Majesty's  subjects  in  China,  and  no  other  person  .pj!^f,e"'„°'^ 

whatsoever,  unless  duly  authorized  by  him,  shall  commence,  control  all 

,,  T  „  ™  proceedings, 

institute,  and  conduct  all  proceedings  for  any  offence  against 

this  ordinance,  Avhich  may  be  taken  in  Her  Majesty's  Courts 

in  China. 

6.  And  be  it  enacted.  That  it  shall  be  lavvful  for  the  Super-  SupcrSn- 
intendent  of  the  Trade  of  Her  Majesty's  subjects  in  China  to  x^adTto^re- 
remit  wholly  or  in  part  any  penalty  or  forfeiture  provided  by  ""tpe"aities 
this  ordinance,  and  to  award  a  part  not  exceeding  one  moiety  ward  in- 

of  any   sum  forfeited  by  any  offender  convicted  under   the  others. 
provisions  of  this  ordinance,  to  any  person   who  shall  have 
given  such  information  or  assistance  as  shall  have  led  to  the 
conviction  of  such  offender. 

7.  And    be   it    enacted.  That  it  shall  be  lawful  for  any  ships  lo  lie 
of  Her   Majestj''s   Consuls   in   China,   or  the  Commanders  ^^'^®  ■ 

of  any  of  Her  Majesty's  ships  within  one  hundred  miles  from 
the  coast  of  China,  or  any  other  officers  duly  authorised  in 
that  behalf,  to  seize  and  send  for  adjudication  to  Hong-Kong 
any  ship  or  vessel  sailing  under  the  British  flag,  the  master 
whereof  shall  appear  on  sufficient  grounds  to  such  Consul, 
Commander,  or  other  officer,  to  have  offended  against  the 
provisions  of  this  ordinance  :  Provided  always,  that  the  said 


224r  THE    CONSULAR    DUTIES    IN    CHINA. 

Consuls,  Commanders   of  Her  Majesty's  ships,   and  others, 
shall  be  specially  instructed  and  authorised  by  the  Superin- 
tendent of  Trade  aforesaid  so  to  do,  and  that  nothing  herein 
contained  shall  be  construed  to  give  such  power  as  aforesaid, 
without  the  said  special  instructions  and  authorization  of  the 
said  Superintendent  of  Trade. 
Ships   liable      8.  And  be  it  further   enacted.  That  all  ships   or  vessels 
satisfaction    Sailing  undcr  the  British  flag,  which   shall  have  been  em- 
not^wi'th-'''^*  ployed  in  any  way  so  as  to  offend  against  the   provisions 
staiidingany  of  this  Ordinance,  shall,  together  with  their  cargoes  be  liable 

transfer  of  '  .  . 

property       to  bc  seizcd,  and  sold  to  satisfy  any  penalty  incurred  by  such 
employment,  and  that  all  bills  of  sale,  mortgages,  and  other 
transfers  of  property  therein,  made  within  three  months  after 
such  vessel   shall   have   been   so   unlawfully    employed,   or 
within  three  months  from  the  time  of  any  suit  having  com- 
menced against  the  OAvner  or  master  thereof,  for  any  offence 
*         against  this  ordinance,  or  made  at  any  time  whatsoever  to 
the  knowledge  of   the   purchaser,   with  the  view  to  evade 
recovery  of  the  penalties  herein  provided,  shall  against  the 
said  liability  to  be  sold  for  the  purposes  aforesaid  be  void  and 
of  none  effect. 
Rule  for  in-      9.  And  be  it  enacted,   That  wherever  this  or  any  other 
tt/isand"^     ordinance,  in  describing  or  referring  to  the  offence  or  the 
other  ordi-    subiect  matter  on  or  with  respect  to  which  it  shall  be  com- 

nances.  "^  •  i  «. 

mitted,  or  the  offender  or  the  party  affected  with  the  offence, 

hath  used  or  shall  use  Avords  importing  the  singular  number 
or  the  masculine  gender  only,  yet  the  ordinance  shall  be 
understood  to  include  several  matters  as  well  as  one  matter, 
and  several  persons  as  well  as  one  person,  and  females  as 
well  as  males,  and  bodies  corporate  as  well  as  individuals, 
unless  it  be  otherwise  specially  provided,  or  there  be  some- 
thing in  the  context  repugnant  to  such  construction. 
(Signed)  Henry   Pottinger, 

Superintendent  of  Trade,  dec. 
Passed  the  Legislative  Council,  the  20th  day  of  February,  1844. 
(Signed)  Richard  Burgass, 

Cleric  of  the  Legislative  Council. 


No.  .T. 
Anno  Sexto  et  Septimo  Victorife  Reginae.     (No.  .5  of  1844.) 
By  His  Excellency  Sir  Henry  Pottinger,  &c.,  &c. 
An   Ordinance  to  carrv  into  effect  the  Treaties  between 


THE    CONSULAR    DUTIES    IN    CHINA.  225 

Great  Britain  and  China,  and  to  indemnify  Her  Majesty's 
Consuls  and  all  otlier  persons  in  China  who  may  have  hitherto 
assisted  therein. 

[April  10,  1844.] 
Whereas  by  the  Treaties  made  and  concluded  between  the  Preamble, 
respective  Empires  of  China  and  Great  Britain  (parts 
whereof  are  set  forth  in  the  Schedule  to  this  Ordinance 
annexed),  certain  provisions  are  made  to  regulate  the  inter- 
course between  the  two  nations  :  And  whereas  for  the  pre- 
servation of  peace  and  amity,  and  the  due  observance  of  the 
said  Treaties,  it  is  expedient  to  punish  offenders  against  the 
provisions  thereof: 

1.  Be  it  therefore  enacted  by  his  Excellency  the  Governor  Treaties  to 
of  Hong-Kong  and  Superintendent  of  the  Trade  of  Her  Ma-  effect^  aT^an 
jesty's  subjects  in  China,  with  the  advice  of  the  Legislative  °'^'^'"'^"^®' 
Council  of  Hong-Kong,  That  the  parts  of  the  said  Treaties 
aforesaid  shall  be  deemed  and  taken  to  be  Ordinances  for 

Her  Majesty's  subjects  within  the  dominions  of  the  Em- 
peror of  China,  or  within  any  ship  or  vessel  at  a  distance  of 
not  more  than  one  hundred  miles  from  the  coast  of  China, 
and  shall  have  the  same  force  and  effect  as  if  each  and  every 
part  thereof  had  been  severally  enacted  herein,  and  due  obe- 
dience enjoined  to. 

2.  And  be  it   enacted.   That  the   said  Superintendent  ofsuperin- 
Trade,  and  Her  Majesty's  Consuls  in  China,  shall  have  full  Trade  and 
power  and  authority  to  enforce  the  due  observance  of  the  fev^'^fil^es^on 
said  Treaties,  according  to  the  provisions  contained  therein,  anti  detaia 

.    "1.  persons   and 

and  shall  and  may  miiict  all  nnes  and  penalties  provided  sbips  otfend- 
thereby  in  a  summary  manner,  and  shall  have  full  power  to  thlpnfvi-"^ 
levy  the    same    by    distress,    and   sale   of  the  goods   andEJ""^."*^  '^® 
chattels  of  any  offender,  or  of  the  ship,  its  cargo  and  furni- 
ture, the  owner,   master,  or  any  one  or  more  of  the  crew 
whereof  shall   offend    against    the    provisions   of  the   said 
Treaties  ;    and,   in  default  of   payment  of  any  penalty,  to 
commit  any  offender  to  prison  for  any  time  not  exceeding 
four  calendar  months,  or  until  the  said  penalty  shall  be  paid. 

3.  And  it  is  hereby  enacted.  That  the  said  Superintendent  Persons  and 
of  Trade  and  Consuls,  in  addition  to  inflicting  the  said  fines  ing'to  be  de- 
or  penalties,  shall  possess  full  power  and  authority  to  arrest  sec'Jfrity""''' 
and  detain  all  persons  offending  against  the  provisions  of  the  given  for 

prood  be- 

said  Treaties,  and  the  ships  or  vessels  owned,  commanded,  haviour. 
or  navigated  by  such  persons,  and  to  imprison  such  persons 
until  they  shall  find  proper  security  for  their  good  behaviour, 

2  G 


226  THE   CONSULAR   DUTIES    IN    CHINA. 

or  shall  demand  to  be  sent  to  Hong-Kong :  Provided  always, 
Consul  to  in  case  any  such  persons  or  vessel  shall  be  arrested,  de- 
tentTon^of  tained,  or  imprisoned  by  any  of  Her  Majesty's  Consuls,  that 
person  or      guch  Consul  shall  immediately  report  the  same  to  the  said 

ship,    or    to  ... 

send  them  to  Superintendent  of  Trade  for   his  instructions   therein,   and 

"  '  may  at  his  discretion,  and  shall,  if  required,  by  any  person 

or  by  the  master  or  ovvner  of  any  vessel  so  detained,  imme- 
diately send  the  said  person   or  vessel  in  proper   custodj'^ 
to  Her  Majesty's  Colony  of  Hong-Kong. 
Penalty   for     4.  And  whereas  the  said  Treaties  contain  certain  provisions 
again'lt"pro-to   be   observed  by   Her   Majesty's    subjects  in  China,  the 
visions  of    infringement    of  which   is   not   punishable   by   the   law   of 

Treaties  to  °  ^  ... 

which  no       England,  or  by  any  penalty  mentioned  therein.  Be  it  there- 
ther^ein  '^      fore  enacted.  That  it  shall  be  lawful  for  the  said  Superin- 
affixed.         tendent  of  Trade,   or  any  of  Her  Majesty's  Consuls  in  China, 
to  punish  in  a  summary  way  any  infringement  of  such  pro- 
visions as  herein  last  aforesaid,  by  a  fine  not  exceeding  two 
hundred  dollars,  to  be  imposed  and  levied  in  like  manner  as 
hereinbefore  provided  by  this  Ordinance. 
Double  5.  And  whereas  in  cases  of  flagrant  offences   being  com- 

be"^imposed  ""fitted  agaiust  the  provisions  of  the  said  Treaties,  it  may  be 

by   Superin-  expedient  to  inflict  heavier  fines  or  penalties  on  the  offenders 

tendent  of  ^  ^ 

Trade  on       than  are  provided  in  the  said  Treaties   or  elsewhere  in  this 

offenders.      Ordinance,  Be  it  therefore  enacted,  That  the  Superintendent 
of  Her  Majesty's  Trade  in  China  shall  have  full  power  and 
authority  to  enforce  and  inflict  in  a  summary  way,  double  the 
amount  of  any  fine   or  penalty  which  Her  Majesty's  said 
Consuls  are  by  the  said  Treaties  or  elsewhere  by  this  Ordi- 
nance authorised  to  inflict,  which  said  double  fines  or  penal- 
ties shall  be  recovered  in  like  manner  as  hereinbefore  pro- 
vided   by  this  Ordinance,  and   in  default  of   payment,  the 
offenders  in  like  manner  shall  be  liable  to  double  the  term  of 
imprisonment  in   lieu  thereof,  or  until  the  same  shall  be 
paid. 
Regulations      G.  And  it  is  hereby  enacted.  That  all  rules  and  regula- 
SupednLn-  tions   heretofore  made  and  published  by  the  said   Superin- 
dent  of  Trade  ^gjj(jgj-jj-  of  Trade,  Or  by  any  former  Superintendent  or  Super- 

to  remain  in  ^  j         j  i  r 

force;  Con-  intcndents   of  Trade,  for  the  government  of  Her  Majesty's 

penalties       subjccts  in  China  (except  such  parts  thereof  as  may  have 

fherein*^       been  expressly  annulled  or  repealed),  shall  continue  to  be  in 

full  force  and  effect ;  and  that  the  said  Consuls   shall  have 

full  power  and  authority  to  enforce  the  same,  and  inflict  all 

fines  and  penalties  provided  therein  in  a  summary  way,  and 


THE    CONSULAR    DUTIES    IN    CHINA.  227 

to  levy  the  same  in  the  like  manner  as  hereinbefore  men- 
tioned. 

7.  And  be   it  enacted,  That   the   said   Superintendent  of  fines  to  be 
Trade  shall  have  full  power  to   remit  all  or  any  part  of  all  Mafesu-  ^^"^ 
fines,   forfeitures,    or   penalties   herein   mentioned,   and   the 

same  shall  (except  when  they  are  declared  payable  to  the 
Chinese  Government)  be  paid  to  Her  Majesty,  her  heirs  and 
successors,  for  the  public  purposes  of  the  State  and  the 
maintenance  thereof. 

8.  And  for  the  protection  of  Her  Majesty's  Consuls  in  Consul  on 
China,  Be  it  enacted.  That  when  any  action  shall  be  brought  Pf^^n^.Jru" 
against  any  Consul,  for  any  act   done   in  obedience  to  the  ''ons  of 

•  1  1     , .  .  .  „     ,  ,  Superin- 

said  regulations,  or  to  any  instructions  of  the  said  Superin- tendent  of 
tendent  of   Trade,    such  Consul  shall  not  be   responsible  ^xonerlted^ 
for  any  irregularity   in  the  issuing  of  such  regulations  or[f°™?" 
instructions,  or  for  any  want  of  authority  in  the  said  Super- 
intendent to  issue  the  same,  and  such  Consul  may  plead  the 
general  issue,  and  give  such  regulations   or  instructions  in 
evidence,  and  upon  producing  such  regulations    or  instruc- 
tions, and  proving  that  they  were  issued  by,  or  that  the  act 
complained  of,  was  performed  under  the  authority,  or  with 
the  sanction  of  the  said  Superintendent  of  Trade,  a  verdict 
shall  pass  for  the  said  Consul,  who  shall  recover  treble  his 
costs  of  suit. 

9.  And  for  the  protection  of  Commanders  of  Her  Ma-Command- 
jesty's  ships,  and  others  acting  at  the  requisition  of  the  Majest/^ 
said  Superintendent  of  Trade,  or  of  any   of  Her  Majesty's  ^'''p^^'"' 

■^  .  .  _      '  •'  J        J       others  ex- 

Consuls  in  China  in  enforcing  the  Treaties  aforesaid.  Be  it  onerated  on 
enacted,    That  when   any  action   shall  be  brought  against  fequlsUimi 
any  such  Commander  or  other  person,  for  any  act  done  in  jia?esty^s 
conformity  to  the  requisition  of  the  said  Superintendent  of  Consuls. 
Trade  or  of  such  Consul,  such  Commander  or  other  person 
shall  not  be  responsible  for  any  irregularity  in  the  making 
of   such  requisition,  or    for  any  want  of   authority  in   the 
said  Superintendent  of  Trade  or  Consul,  to  perform,  or  cause 
to  be  performed,  the   object  of  such   requisition,  and  such 
Commander  or  other  person  may  plead  the  general  issue,  and 
give  such  requisition   in  evidence,  and  upon  producing  such 
requisition,  and  proving  that  it  was  made  by  or  under  the 
authority   of    the   said    Superintendent   of    Trade   or   such 
Consul,  or  that  the  act  complained  of  was  done  with  the 
sanction    of  the    said  Superintendent  or  Consul,  a  verdict 


228  THE    CONSULAR    DUTIES    IN    CHINA. 

shall  pass  for  such  Commander  or  other  person  who  shall 

recover  treble  his  costs  of  suit. 
Actions  to        10.  And  for  the  further  protection  of  persons  in  China, 
in  Ho*"!-'^*    acting  in  execution  of  this  ordinance,  or  in  carrying  into 
Kong  within  gffgct  the  Said  Treaties  or  Regulations,  Be  it  enacted,  That  all 

SIX    months,  ° 

and  two  actions  and  prosecutions  to  be  commenced  against  any  person 
tice  thereof  (except  the  Superintendent  of  Trade  aforesaid)  for  anything 
fendant  ma^y  ^^^^  V  ^^^^^  persons,  shall  be  laid  and  tried  in  such  Su- 
tender  preme  Court  of  Judicature  as  may  hereafter  be  erected  in 

amends  and  ^  ■,-,■,■,     ^^    ^  i 

plaintiff  Hong-Kong,  and  not  elsewhere,  and  shall  be  commenced 
recover'costs  within  six  months  after  the  fact  committed,  or  after  the 
"u"d^e^  ****  time  when  it  shall  first  be  possible  for  the  plaintiff  to  com- 
certifies.  mence  such  action  and  not  otherwise,  and  notice  in  writing 
of  such  action,  and  of  the  cause  thereof,  shall  be  given  to 
the  defendant,  two  calendar  months  at  least  before  the 
commencement  of  the  action,  and  in  any  such  action  the 
defendant  may  plead  the  general  issue,  and  give  this  or  any 
Ordinance  and  the  special  matter  in  evidence  at  any  trial  to 
be  had  thereon,  and  no  plaintiff  shall  recover  in  any  such 
action,  if  tender  of  sufficient  amends  shall  have  been  made 
before  such  action  brought,  or  if  a  sufficient  sum  of  money 
shall  have  been  paid  into  Court  after  such  action  brought  by 
or  on  beTialf  of  the  defendant  ;  and  if  a  verdict  shall  pass 
for  the  defendant,  or  the  plaintiff  shall  become  nonsuit,  or 
discontinue  such  action  after  issu.e  joined,  or  if  upon  de- 
murrer or  otherwise,  judgment  shall  be  given  against  the 
plaintiff,  the  defendant  shall  recover  treble  his  costs  of 
suit,  and  have  the  like  remedy  for  the  same  as  any  de- 
fendant hath  by  law  in  other  cases,  and  though  a  verdict 
shall  be  given  for  the  plaintiff  in  any  such  action,  such 
plaintiff  shall  not  have  costs  against  the  defendant,  unless 
the  Judge,  before  whom  the  trial  shall  be,  shall  certify  his 
approbation  of  the  action  and  of  the  verdict  obtained  thereon. 
Indemnity  11.  And  Avhereas  doubts  may  arise  as  to  the  validity 
and  others     of  acts  done  and  performed  by  Her  Majesty's  Consuls,  and 

for  acts  1^  divers  other  persons  in  China,  in  the  enforcement  of  the 
hitherto  per-     ''  '  '         _ 

formed  in      said  Treaties   and  Regulations  previous   to   the  pas.sing  of 

Treaties  or    this  Ordinance,  Be  it  therefore  enacted,  That  Her  Majesty's 

Sto  effect?^  Consuls  in  China  who  may  have  acted  under  or  by  virtue  of 

any  regulation,  instruction,  order,  direction  or  requisition  of 

the  said  Superintendent  of  Trade,  or  any  of  Her  Majesty's 

Consuls  in  China,  shall  be,  and  they  and  each  and  every  one 


THE    CONSULAR    DUTIES    IN    CHINA.  229 

of  them  are  hereby  indemnified  against,  and  freed,  and  dis- 
charged from  all  damages,  penalties,  or  forfeitures  to  which 
they,  or  any  one  of  them,  may  have  heretofore,  or  may  other- 
wise be  liable  for  any  act  so  done  and  performed. 

12.  And  be  it  further  enacted.  That  no  act  done  or  per- Such  acts 
formed  by  any  such  Consul  or  other  person  aforesaid,  shall  valid.'^^'^ 
be  questioned  or  avoided  in  any  court  of  law  by  reason  of 
any  supposed  want  of  power  or  authority,  and  that  all  such 
acts  so  done  and  performed  shall  be,  and  they  are  declared 
to  be  as  valid  and  effectual  to  all  intents  and  purposes  as 
if  each  of  such  Consuls  or  other  persons  had  done  and  per- 
formed such  acts  under  or  by  virtue  of  this  ordinance. 

(Signed)  Henry  Pottingek, 

Superintendent  of  Trade,  S^c. 
Passed  the  Legislative  Council,  the  10th  day  of  April,  1844. 

(Signed)  Richard   Burgass. 

Clerk  of  the  Legislative  Council. 

Schedule  to  which   this  Ordinance  refers. 

[Vide  Supplementary  Treaty  made  at  Hoomun-Chae,  the 
8th  day  of  October,  1843,  and  General  Regulations  in  Treaty 
of  26th  June,  1843.] 


Circular  respecting  Consular  Jurisdiction. 

Victoria,  Hong-Kong,  November  22,  1844. 
In  transmitting  to  you  the  accompanying  Ordinance,  by  which  the 
nature  of  the  jurisdiction  conferred  upon  you  in  matters  of  a  criminal 
nature  is  further  defined,  and  the  manner  in  which  such  jurisdiction  is 
to  be  exercised  by  you  pointed  out,  I  have  to  call  your  particular  at- 
tention to  the  follomng  observations  : 

The  right  of  British  Consular  Officers  to  exercise  any  jurisdiction  in 
China,  in  matters  which  in  other  countries  come  exclusively  under  the 
control  of  the  local  magistrates,  depends  originally  on  the  extent  to 
which  that  right  has  been  conceded  by  the  Emperor  of  China  to  the 
British  Crown,  and  therefore  the  right  is  strictly  limited  to  the  terms 
in  which  the  concession  is  made. 

The  right  depends,  in  the  next  place,  on  the  extent  to  which  the 
Queen,  in  the  exercise  of  the  powers  vested  in  Her  Majesty  by  Act  of 


230  THE    CONSULAR    DUTIES    IN    CHINA. 

Parliament,  may  be  pleased  to  grant  to  lier  Consular  servants,  through 
Her  Majesty's  Superintendent  in  China,  authority  to  exercise  jurisdic- 
tion over  British  subjects  ;  and  therefore  the  Ordinances  which  may 
from  time  to  time  be  issued  are  the  only  warrants  for  the  proceedings 
of  the  Consuls,  and  exhibit  the  rules  to  which  they  must  scrupulously 
adhere. 

The  state  of  things  in  China  is  an  exception  to  the  system  universally 
observed  among  Christian  nations,  and  almost  identical  with  that  which 
prevails  at  the  British  Consulates  in  the  Levant.  But  the  Emperor  of 
China  having,  like  the  Sultans  of  Turkey,  waived  in  favour  of  Christian 
Powers  rights  inherent  in  territorial  sovereignty,  such  Christian 
Powers,  in  taking  advantage  of  this  concession,  are  bound  to  provide 
as  far  as  possible  against  any  injurious  eft'ects  resulting  from  it  to  the 
territorial  Sovereign  ;  and  as  the  maintenance  of  order  and  the  repres- 
sion and  pimishment  of  crime  are  objects  of  the  greatest  importance  in 
every  civilized  community,  it  is  obligatory  upon  Christian  Powers, 
standing  as  they  do  in  China,  with  relation  to  their  own  subjects,  in 
the  place  of  the  territorial  Sovereign,  to  provide  as  far  as  possible  for 
these  great  ends. 

The  present  Ordinance,  as  well  as  others  preceding  it,  has  been  issued 
for  this  purpose.  But  it  is  essential  that  Her  Majesty's  Consular 
Officers  in  China  should  bear  in  mind  that,  in  conferring  upon  them 
powers  of  jurisdiction  of  such  a  comprehensive  and  unusual  character, 
it  is  the  desire  of  Her  Majesty's  Government  that  those  powers  should 
not  be  needlessly  or  lightly  employed  ;  but  that,  on  the  contrary,  when- 
ever differences  can  be  adjusted  in  a  conciliatory  manner,  such  a  ter- 
mination should  be  promoted  and  recommended,  and  that  whenever 
crimes  are  to  be  punished,  certain  and  speedy,  rather  than  severe, 
punishment  is  to  be  preferred. 

You  will  observe  that  three  courses  of  proceeding  are  prescribed, 
viz.,  a  summary  decision  ;  a  decision  with  the  assistance  of  assessors 
chosen  from  the  British  community ;  and  a  recourse  to  the  criminal 
tribunal  of  Hong-Kong. 

The  object  for  which  the  jurisdiction  is  to  be  exercised,  renders  it 
unnecessary  to  deal  with  crimes  according  to  the  strict  definition  of 
English  law,  even  if  the  means  at  the  disposal  of  the  Consuls,  and  the 
extent  of  legal  knowledge  which  they  can  be  expected  to  possess,  ad- 
mitted of  such  a  course. 

The  utmost  that  it  appears  necessary  to  attempt  in  this  respect  is, 
that  a  rule  should  be  laid  down  that  an  action  which  would  be  criminal 
in  the  British  dominions  should  be  equally  considered  as  criminal  in 
China.  But  in  dealing  with  such  criminal  actions,  regard  must  be  had 
to  local  circumstances  and  necessities.    In  the  British  dominions,  many 


THE    CONSULAR    DUTIES    IN    CHINA.  231 

crimes  unimportant  in  themselves  must  be  dealt  with,  in  consequence 
of  the  denomination  by  which  they  are  distinguished,  in  the  same  formal 
manner  as  crimes  of  a  more  serious  description.  An  insignificant  theft, 
being  a  "  felony,"  must  in  most  cases  be  submitted  to  the  decision  of 
a  jury,  equally  with  the  most  extensive  robbery.  But  this  rule  need 
not  be  adhered  to  in  the  Consular  Courts  in  China.  There  all  crimes 
of  a  trifling  kind,  under  whatever  legal  denomination  they  may  be 
classed,  may  safely  be  disposed  of  summarily  by  the  Consul,  and 
sufficiently  atoned  for  by  punishment  within  the  limits  prescribed 
by  the  Ordinance  for  the  sole  jurisdiction  of  the  Consul ;  while  crimes 
of  a  more  serious  kind  must  be  reserved  for  adjudication  by  the  Consul 
in  a  tribunal  more  formally  constituted  by  the  presence  of  assessors. 

But,  in  order  to  provide  the  means  of  dealing  with  crimes  which  may 
be  too  serious  for  even  this  more  formal  tribunal  to  decide  upon,  and 
which  in  England  would  be  reserved  for  a  judge  of  assize,  the  island 
of  Hong-Kong  has  been  appointed  as  the  place  of  trial  for  offences 
committed  by  British  subjects  in  the  Chinese  dominions. 

It  is  intended  that  in  all  places  where  more  than  one  Consular  Officer 
is  residing,  the  Senior  Consular  Officer  shall  hold  the  Consular  Courts 
established  by  the  present  Ordinance,  unless  he  should  for  some  reason- 
able cause  be  temporarily  incapacitated  from  so  doing ;  and  that  as  little 
time  as  circumstances  will  admit  should  in  all  cases  intervene  between 
the  apprehension  of  a  party,  and  the  hearing  and  decision  of  the  charge 
brought  against  him. 

In  selecting  assessors,  you  will  take  them  in  rotation  from  the  re- 
spectable members  of  the  British  community.  It  has  not  been  thought 
necessary  to  impose  a  legal  obligation  to  sit  as  assessors  when  called 
upon  by  the  Consular  Officer,  because  perfect  reliance  is  placed  upon 
the  good  feeling  of  the  respectable  portion  of  the  British  community  in 
China,  prompting  them  zealously  to  co-operate  with  Her  Majesty's 
officers  in  carrying  out  a  system,  in  the  success  of  which  all  are  so 
deeply  interested,  and  which,  if  it  should  fail  of  execution,  might  be  at- 
tended with  very  serious  consequences. 

With  regard  to  the  question  of  sending  criminals  to  Hong-Kong  for 
trial,  it  is  intended  that,  in  the  first  instance  at  least,  that  course 
should  only  be  taken  -with  criminals  charged  with  murder  ;  and  even  in 
such  cases  the  depositions  taken  by  the  Consuls  must  be  first  trans- 
mitted to  myself,  in  order  that  I  may  ascertain  whether,  in  the  opinion 
of  the  legal  authorities  of  this  colony,  there  is  a  reasonable  probability 
of  obtaining  a  conviction  :  and  you  must  further  bear  in  mind,  that 
the  personal  appearance  of  the  witnesses  for  the  prosecution  will  in  all 
cases  be  required  by  the  Supreme  Court  of  Hong-Kong ;  and  that,  there- 
fore, you  must  arrange  with  witnesses  to  proceed  to   Hong-Kong  on 


232  THE   CONSULAR    DUTIES    IN    CHINA. 

payment  of  their  expenses.  AVith  regard  to  evidence  for  the  defence, 
the  case  is  different,  and  you  will  pay  the  strictest  attention  to  the  pro- 
vision of  the  fourth  section  of  the  Act  of  the  6th  and  7th  Victoria, 
c.  94,  on  this  point. 

You  will  keep  a  police  report  in  the  form  herewith  transmitted  ;  and 
send  to  me  when  required  a  copy  of  the  whole  or  any  portion  thereof; 
and  on  the  31st  December  of  each  year,  a  copy  of  the  proceedings  in 
the  whole  year  must  be  sent  to  Hong-Kong. 

You  will  forthwith  report  upon  the  means  at  your  disposal  for  exe- 
cuting sentences  of  imprisonment,  and  on  the  practice  which  you  have 
hitherto  observed  in  this  respect ;  and  in  the  meanwhile  you  are  en- 
joined, whenever  recourse  is  had  to  the  prisons  of  the  country,  to 
arrange  with  the  local  authorities  that  any  British  prisoner  who  may 
be  confined  therein,  shall  be  visited  daily  by  any  person  appointed  by 
you,  and,  if  necessary,  by  a  medical  officer  deputed  for  that  purpose. 

You  will  be  so  good  as  to  communicate  to  me  a  copy  of  the  notifica- 
tion to  be  exhibited  in  your  Consular  of&ce,  as  to  the  period  within 
which  British  sxxbjects  arriving  within  your  port  shall  enrol  them- 
selves. The  principal  object  of  the  register  being,  however,  to  faci- 
litate the  exercise  of  control  over  British  subjects  of  bad  or  doubtful 
character,  you  will  carefully  avoid  exposing  respectable  parties  to  un- 
necessary vexation  in  this  respect. 

In  addition  to  the  police  register,  I  send  you  a  form  of  register  in 
which  the  names  of  all  persons  considered  as  British  subjects  are  to  be 
enrolled.  It  will  not  be  necessary  that  you  should  send  me  a  copy  of 
the  register  of  British  subjects,  but  on  the  31st  December  of  each  year 
you  will  report  the  number  of  persons  enrolled  as  British  subjects  in 
that  register. 

In  conclusion,  I  have  merely  to  observe,  that  you  will  bear  in  mind 
that,  although  you  are  empowered  under  the  circumstances  stated  in 
the  Ordinance  to  send  out  of  the  Chinese  dominions  a  British  subject 
who  maj^  have  been  twice  convicted,  it  is  not  obligatory  upon  you  to 
do  so  in  every  case  of  a  second  conviction.  It  is  only  when  the  cha- 
racter of  the  offender  is  such  as  to  render  his  continuance  in  China  in- 
compatible with  the  peace  and  good  order  of  society,  that  you  should 
resort  to  this  extreme  measure. 

I  have,  &'c. 


THE    CONSULAR    DUTIES    IN    CHINA.  233 

Anno  Octavo  VictorivE  Reginm;.     (No.  7  of  1844.) 

By  his  Excellency  John  Francis  Davis,  Esquire,  &c.,  &c. 

An  Ordinance  for  the  better  administration  of  justice  in  the  Title. 
Consular  Courts,  and  to  establish  a  registration  of  British 
subjects  within  the  dominions  of  the  Emperor  of  China. 

Preamble  reciting  Her  Majesty's  Order  in  Council  of  17th 
April,  1S44. 

1.  Be  it  therefore  enacted  by  his  Excellency  the  Governor  consuls  act- 
of   Hong-Kong   and   Superintendent  of   the   Trade  of  Herj"^o"^"of 
Majesty's  subjects  in  China,  with  the  advice  of  the  Legis- ''''^  April, 
lative  CouncU  of  Hong-Kong.     That  Her  Majesty's  Consuls  governed  by 
and   Vice-Consuls    resident   within    the    dominions    of    the  slo'nrof'this 
Emperor  of  China,   and  all   such  persons   who   as   aforesaid  ordinance. 
may  be  required  to  act   provisionally  as  Cctnsuls  or    Vice- 
Consuls  in  manner   aforesaid,    shall   in  the  exercise  of  the 
jurisdiction  granted  unto  them  by  the  said  Order  of  the  17th 

of  April,  1844,  be  governed  by  the  ordinances  and  provisions 
hereinafter  contained,  and  try,  determine,  and  punish  all 
such  cases  as  aforesaid. 

2.  And  be  it  further  enacted.  That  all  such  Consuls  and  Power  to  ap- 
Vice-Consuls  resident  within  the  dominions  of  the  Emperor  BdHsh'lub- 
of  China  shall,  severally  in  the  district  within  which  thev  ■''^■'^ '"  ''"' 

"^  _  •'  tain  ca<es, 

may  respectively  be  appointed  to  reside,  have  power  and  au-  and  mode  of 
thority  to  cause  to  be  apprehended  and  brought  before  them 
any  British  subject  who  may  be  charged  with  having  com- 
mitted any  crime  or  offence  as  aforesaid  within  the  dominions 
of  the  Emperor  of  China,  and  any  such  Consul,  or  Vice- 
Consul  as  aforesaid  shall  thereupon  proceed  with  all  con- 
venient speed  to  inquire  of  the  same  ;  and  for  such  purpose 
and  end  shall  have  power  to  examine  on  oath  all  witnesses 
who  may  appear  before  him  to  substantiate  the  charge,  or  if 
such  witnesses  shall  not  be  Christians,  to  examine  them  in 
the  form  most  binding  on  their  consciences  ;  and  shall  have 
power  to  summon  any  person  being  British  subjects  who  may 
be  competent  to  give  evidence,  and  enforce  the  attendance  of 
such  persons  by  a  fine  not  exceeding  twenty  dollars  ;  and 
shall  examine  all  witnesses  whatsoever  in  the  presence  and 
hearing  of  the  person  accused,  and  afford  the  accused  person 
all  reasonable  facility  for  cross-examining  all  such  wit- 
nesses ;  and  having  reduced  to  writing  the  depositions  of  the 
witnesses,  shall  cause  the  same  to  be  read  over,  and,  if  neces- 
sary, explained  to   the  person  accused,  together  with  any 

2  II 


234  THE   CONSULAR   DUTIES   IN   CHINA. 

other  evidence  that  may  have  been  urged  against  him  during 
the   course  of  the   trial ;    and    shall   require    such   accused 
person  to  defend  himself  against  the  charge  brought  against 
him,  and,  if  necessary,  advise  him  of  the  legal  effects  of  any 
voluntary  confession,  and  shall   take   the  evidence   of  any 
vpitnesses  whom  the  accused  person  may  tender  to  be  ex- 
amined in  his  exculpation  ;  and  when  the  case  has  been  fully 
inqviired  of,  and  the  innocence  or  guUt  of  the  person  accused 
established,  the  Consul  or  Vice-Consul,  as  the  case  may  be, 
shall  either  discharge  the  person  accused  from  custody,  if 
satisfied  of  his  innocence,   or  proceed  to  pass  sentence  on 
Power  to       him  if  convinced  of  his  guilt  :  and  it  is  hereby  enacted.  That 
nishme^ni     it  shall  be  lawful  for  any  of  Her  Majesty's  Consuls  and  Vice- 
in"'^  fwo^^*^'  Consuls  as  aforesaid,  having  inquired  of,   tried,  and  deter- 
months'  ira-  mined,  in  the  manner  aforesaid,  any  charge  Avhich  mav  be 

prisonment,   ,  ,      ■,      ,.  n  •  i  -,  n  -   -, 

or  a  fine  of    brought  before  mm,  to  award  any  degree  or  punishment  not 
dollars."  ^^    exceeding  imprisonment  for  two  months,  or  a  fine  of  one 

hundred  dollars. 
If  foregoing      3.  And  be  it  further  enacted.  That  if  the  crime  whereof 
fnaciequate'  ^^^  person,  being  a  British  subject,  may  be  accused  before 
to  the  offence  any  of  Her  Majesty's  Consuls  or  Vice-Consuls  as  aforesaid, 

charged,  ''  11 

Consul  to     shall   appear  to  such  Consul  or  Vice-Consul  to  be  of  such 
sessors.         ^  nature  as,  if  proved,  would  not  be  adequately  punished  by 

With  power  ^]jg  u^fliction  of  such  punishment  as  aforesaid,   it  shall  be 
to  him  to  '  ' 

award  an       lawful  for  such  Consul  or  Vice-Consul  to  summon  two,  or 
increase  of  in  r,  ■  ■  1         ^  ■  n  -,  ■  ■,■ 

punishment  not  more  than  tour,  British  subjects  01  good  repute,  residmg 

Authority  of  ^^^^^"^  his  district,  to  sit  with  him  as  Assessors  for  inquiring 

assessors,      of,    trying,  and  determining  the  case   or  cases  before   the 

Court ;    and  the    Consul  or  Vice-Consul  who    shall  hold    a 

Court  of  criminal  justice  with  the  assistance  of  Assessors 

as  aforesaid,  shall,   if  he  is   himself  convinced  of  the   guilt 

of  the   party  accused,  have  power  to  award  any  degree  of 

punishment  not  exceeding  imprisonment  for  twelve  months, 

or  a  fine  of  two  hundred  dollars  ;  and  the  Assessors  aforesaid 

shall  have  no  authority  to  decide  on  the  innocence  or  the 

guilt  of  the  party  accused,  or  on  the  amount  of  punishment 

to  be  awarded  on  conviction  ;  but  in  the   event  of  the  said 

Assessors,  or  any  of  them,  dissenting  from  the  conviction  of, 

or  from  the  amount  of  punishment  awarded  to,  the  accused, 

the  said  Assessors,  or  any  of  them,  shall  be  authorised  to 

record  on  the  minutes  of  the  proceedings  the  grounds  on 

which  the  said  Assessors,  or  any  of  them,  may  so  dissent ; 

and  in  any  such  case  the  officer  holding  the  Court  shall  forth- 


THE   CONSULAR   DUTIES   IN   CHINA.  235 

with  report  to  Her  Majesty's  Chief  Superintendent  of  British 
Trade  the  fact  that  such  dissent  has  been  so  recorded  on  the 
minutes  of  the  proceedings,  and  as  soon  as  possible  lay- 
before  him  copies  of  the  whole  of  the  depositions  and  pro- 
ceedings, with  the  dissent  of  the  Assessors  recorded  thereon; 
and  it  shall  then  be  lawful  for  Her  Majesty's  Chief  Superin- 
tendent of  British  Trade  by  warrant  under  his  hand  and 
seal,  addressed  to  the  Constil  or  Vice-Consul  by  whom  the 
case  was  tried,  to  mitigate  or  remit  altogether  the  punish- 
ment awarded  to  the  party  accused  :  and  such  Consul  or 
Vice-Consul  shall  give  immediate  effect  to  the  injunction  of 
any  such  warrant ;  and  it  is  further  ordered,  that  all  fines- 
prescribed  as  aforesaid,  as  well  as  all  fines  levied  on  witnesses 
being  British  subjects  and  refusing  to  attend  and  give 
evidence  in  a  Consular  Court,  may  be  levied  by  distress,  in 
pursuance  of  a  warrant  issued  to  that  effect  by  the  officer 
holding  such  Court,  and  appropriated  in  the  manner  directed 
by  Her  Majesty's  Principal  Secretary  of  State  for  Foreign 
Alfairs  ;  and  that  the  place  of  imprisonment  shall  be  such  as 
has  heretofore  been  customarily  used  as  such,  or  as  may  be 
appointed  by  Her  Majesty's  Chief  Superintendent  of  British 
Trade,  and  approved  by  Her  Majesty's  Principal  Secretary 
of  State  for  Foreign  Affairs. 

4.  And  be  it  further  enacted,  That  all  proceedings  in  the  Proceedings 
Consular  Courts,  held  in  virtue  of  this  present  Ordinance,  formity  to"' 
shall  be  had  as  far  as   possible  in  conforraitv  and  corre-  *^*'"  ^^  po^- 

1  •  1       ,  •,.  ,.,.,.•,  siti'e,  with 

sponclence  with  the  proceedings  which  in  like  cases  would  the  law  of 
be  had  according  to  the  law  and  practice  of  England,  regard  ^°^''*"''' 
being  had  to  the  difference  of  local  circumstances  and  to  the 
provision  of  this  Ordinance. 

5.  And  be  it  further  enacted.  That  the  Consular  Courts  Consular 
held  in  pursuance  of  this  Order  shall  be   Courts  of  Record,  courts  of 
and  that  minutes  of  proceedings  taken  therein  shall  in  all  Record . 
cases  be   drawn  up  and  preserved  with  the  depositions  of 

the  witnesses,  and  such  minutes  shall  be  signed  by  the  officer 
holding  the  Court,  and  shall  in  cases  where  Assessors  are 
present,  be  open  for  the  inspection  of  such  Assessors,  and 
for  their  signature,  if  concurred  in  by  them. 

6.  And  be  it  further  enacted.   That  in    case   of  assault  cases  of  as- 
it  shall  be  lawful  for  the  Consular  Officer  before  whom  com-  ^^''"' 
plaint  is  made,  to  promote  reconciliation  between  the  parties, 

and  to  suffer  compensation  and  amends  to  be  made,  and  the 
proceedings  thereby  to  be  stopped. 


236  THE    CONSULAR    DUTIES    IN    CHINA. 

Respective  7.  And  be  it  further  enacted,  That  no  Vice-Consul  shall 
commis-  have  power  to  award  punishment  unless  holding  a  commis- 
sioned and  g^Qjj  from  Her  Majesty,  and  any  Vice-Consul  not  so  commis- 
sioned Con-  sioned  after  having  inquired  of,  tried,  and  determined  any 
'"^''  case  of  which  he  shall  have  had  cognizance,  in  pursuance  of 

this  Order,  shall  report  his  proceedings,  and  transmit  the 
depositions  to  the  superior  Consular  Officer  of  the  port  at 
which  he  is  stationed,  and  such  superior  Consular  Officer  shall 
have  power  to  award  punishment  in  the  same  manner  as  if  the 
case  had  been  inquired  of,  tried,  and  determined  by  himself. 
Power  to  8.  And  be  it  further  enacted.  That  it  shall  be  lawfid  for 

statetomnu  Her  Majesty's  Principal  Secretary  of  State  for  Foreign  Aifairs 
criminal       to  limit  the  extent  to  which  any  Consul  or  Vice-Consul  shall 
of  ConsuTs"   exercise  jurisdiction  over  British  subjects  in  criminal  matters 
within  the  dominions  of  the  Emperor  of  China,  anything  in 
the  present  Ordinance  contained  notwithstanding. 
9.* 
Consuls  to         10.  And  be  it  further  enacted,  That  all  British   subjects 
tV^of  Briifsh  "O""  I'esiding  Avithin  the  dominions  of  the  Emperor  of  China 
subjects        shall,  after  reasonable  public  notice  ^  that  effect  has  been 
rVspective"^  given  by  the  British  Consular  Officer  within  whose  district 
Mt's"o'be      ttey  may  be  residing,  enrol  themselves  in  a  register  to  be 

done  by  such  j^gpt  j^y  g^ch  Consular  Officer,  and  that  every  British  sub- 
subjects  for         ^        •'  •  1  •       1  •  J  J        •    • 
facilitating   ject  hereafter  arriving  at  any  place  within  the  said  dominions 
svyc    regis-    ^-j^g^g^j^  ^  British  Consular  Office  is  maintained,  saving  and 
except  any  British  subject  borne  on  the  muster-roll  of  any 
British   ship  arriving   in  the   ports   of  China,   shall  within 
a  reasonable  period  after  his  arrival,  enrol  himself  in  such 
register  to  be  kept  as  aforesaid,  and  any  British  subject  who 
shall  refuse  or  neglect  so  to  enrol  himself,  and  shall  not  be 
able  to  excuse  to  the  satisfaction  of  the  Considar  Officer  his 
refusal  or  neglect,   shall   not  be  entitled  to   require   to  be 
recognised  or  protected  as  a  British  subject  in  any  difficulties 
whatsoever  in  which  he  may  be  involved  within  the  dominions 
of  the  Emperor  of  China. 
No  fee  to  be      11.  And  be  it  further  enacted,  That  no  fee  or  remunera- 
foTenrof-'*     tion    whatsoever   shall  be    demanded   or  received  by   any 
ment  or        British  Consular  Officer  for  or  on  account  of  the  enrolment 

registry. 

of  any  British   subject  in   the  register   aforesaid,   and  that 

a  notification  of   the  period  within  which  such  enrolment 

must  be  eflFected   shall  be  exhibited  in   some   conspicuous 

place  in  the  Consular  Office. 

*  Eepealed  by  Ordinance  No.  1  of  1845. 


THE    CONSULAR    DUTIES    IN    CHINA.  237 

12.  And  be  it  further  enacted,  That  the  said  Consuls  and  Ordinances 
Vice-Consuls  in  the  administration  of  justice  in  their  said  „[ '^*o^°'_°"^ 
respective  Courts,   shall  as   respects  all  civil   and  criminal  ?-°"S  v°^ 

^  ^  inconsistent 

duties  conform  to  and  be  guided  by  the  several  Ordinances  with  tiiiso-.- 
heretofore  enacted  in  the  Colony  of  Hong-Kong  for  that  pur- regulate  the 
pose,  unless  where  the  same  shall  be  inconsistent  with  this  sui'lr*^°ourts 
present  enactment.  in  criminal 

and  civil 
(Signed)  John  Francis  Davis,  business. 

Superintendent  of  Trade,  Governor,  <i'c. 

Passed  the  Legislative  Council  of  Hong-Kong,  this  20th 
day  of  November,  1844. 

(Signed)  W.  T.  Mercer, 

Officiating  Clerk  of  the  Councils. 
For  A.  E.  Shelley. 


Ordinance  passed  in  the  year  1845  by  the  Chief  Super- 
intendent OF  British  Trade  in  China,  with  the  Advice 
OF  the  Legislative  Council  of  Hong-Kong,  in  virtue 
OF  the  Powers  Conferred  upon  Her  Majesty  by  the 
Act   of  the  6th   and  7th   Victoria,  Cap.  80. 

Anno  Nono  Victorise  Reginae.     (No.  1  of  1845.) 

By  His  Excellency  John  Francis  Davis,  Esquire,  &c.,  &c. 

An  Ordinance  to  amend  the  Ordinance  No.  7  of  1844,  en- Title, 
titled,  "  An  Ordinance  for  the  better  administration  of  justice 
in  the  Consular  Courts,  and  to  establish  a  registration  of 
British   svibjects,  within  the  dominions  of  the  Emperor  of 
China." 

Preamble  reciting  9th  Section  of  Ordinance  No.  7  of  1844. 

1.  Be  it  therefore  ordained,  that  the  said  9th  Section  of  No.  9th  Section 
7  of  1844  be  and  it  is  hereby  repealed.  No*?7'^o?1s44 

2.  And  in  order  more  effectually   to  repress  crimes  and  i>ereby  re- 
ofiences  on  the  part  of  British  subjects  in  the  dominions  of  p^^g^j^^ 
the  Emperor  of  China,  be  it  hereby  further  enacted,  that  it  c^^^'^ '° 

^  '  *'  .  ,  deport  Brit- 

shall  and  may  be  lawful  for  any  of  Her  Majesty's  Consuls  ish  subjects 

to  cause  any  British  subject  who  shall  have  been  twice  con- conviction' 

victed  of  any  crime  and  offence  in  the  Consular  Court  under '"''^i^'''^"™^ 

•'  or  ottence 

sentence,  and  who  shall  not  be  able  to  find  good  and  sufficient  w;  Jer  per- 
surety  to  the  satisfaction  of  Her  Majesty's  Consul  for  his  future  stances. 
good  behaviour,  to  be  sent  out  of  the  dominions  of  the  Emperor 
of  China  ;  and  to  this  end  any  such  Consul  as  aforesaid  shall 


238  THE   CONSULAR   DUTIES   IN   CHINA. 

have  power  and  authority,  as  soon  as  may  be  practicable  after 
execution  of  the  sentence  on  any  second  conviction,  or  at 
any  time  while  such  sentence  is  in  execution,  to  send  to  the 
colony  of  Hong-Kong  any  British  subject,  and  to  detain  in 
custody  any  such  person  until  a  suitable  opportunity  for 
sending  him  out  of  the  said  dominions  shall  present  itself; 
and  any  person  to  be  sent  out  of  the  said  dominions  as  afore- 
said may  be  embarked  on  board  one  of  Her  Majesty's  vessels 
of  war,  or  if  there  should  be  no  such  vessel  of  war  which  can 
be  employed  for  such  purpose,  then  on  board  any  British 
vessel  bound  for  Hong-Kong,  in  the  same  manner  as  if  such 
person  was  a  distressed  British  seaman.  But  in  all  cases  in 
which  a  British  subject  shall  have  been  sent  out  of  the  do- 
minions of  the  Emperor  of  China  as  aforesaid,  the  officer 
sending  him  out  shall  forthwith  report  his  having  done  so  to 
Her  Majesty's  Chief  Superintendent  of  Trade  ;  and  should 
any  person  so  sent  out  of  the  dominions  of  the  Emperor  of 
China  return  to  the  said  dominions  without  the  sanction  of 
Her  Majesty's  Chief  Superintendent  of  Trade  or  Principal 
Secretary  of  State  for  Foreign  Affairs,  he  shall  no  longer 
be  entitled  to  be  protected  as  a  British  subject  in  the  said 
dominions.  Provided  always,  that  on  the  arrival  of  such 
person  at  Hong-Kong,  it  shall  and  may  be  lawful  to  and  for 
Her  Majesty's  Chief  Superintendent  of  Trade  either  to  con- 
firm the  said  sentence  of  deportation  and  forward  him  to 
England  as  a  distressed  British  seaman,  or  to  remit  him 
back  as  such  to  that  part  of  the  said  dominions  from 
Avhence  he  was  so  removed  or  deported. 

(Signed)  John  Francis  Davis, 

Governor,  8fc. 
Passed  the  Legislative  Council  of  Hong-Kong, 
this  7th  day  of  July,  1845. 
Adolphus  E.  Shelley, 
Clerk  of  Councils. 


Anno  Nono  Victorise  Reginse.     (No.  1  of  1846.) 

By  His  Excellency  Sir  John  Francis  Davis,  Baronet,  &c. 

Title.  An  Ordinance  to  amend  Ordinance  No.  4  of  1844,  entitled, 

"  An  Ordinance  to  restrain  Her  Majesty's  subjects  from 
trading  in  the  Empire  of  China  to  the  northward  of  the  32nd 
degree  of  north  latitude." 


THE    CONSULAR    DUTIES    IN    CHINA.  239 

[9th  March,  1846.] 

1.  Whereas  it  is  expedient  that  the  said  Ordinance,  No.  Preamble. 
4  of  1844,  should  be  amended,  by  declaring  that  vessels  en- 
gaged in  the  traffic  thereby  prohibited  shall  not  be  seized  at  No  vessel  to 
sea  at  a  greater  distance  than  one  hundred  miles  from  the  jg^  in  pur- 
coast  of  China ;  by  defining  the  meaning  of  the  terms  therein  nuance  of  Or- 

'      •'  o  o  Qinance  ISiO.4 

used,  of  "ships   or  vessels  sailing  under  the  British  flag;  "on844,  ata 
by  making  further  provision  for  the  title  to  vessels  engaged  tance  tiian 
in  such  prohibited  trade,  in  the  event  of  subsequent  sales,  ^"les'from 
transfers,  or  mortgages  ;  and  by   introducmg  more  specific  JJj^.  •^°^^'  °^ 
provisions  as  to  the  form  of  procedure  for  the  seizure  and 
sale  of  vessels    contravening   the    enactments  of  the  said 
Ordinance  :  Be  it  therefore  enacted  by  His  Excellency  the 
Governor  of  Hong-Kong,  with  the  advice  of  the  Legislative 
Council  thereof,  that  no  vessel  shall  be  seized  or  detained  in 
pursuance  of  the  provisions   of  the  said  Ordinance  at  sea, 
at  a  greater  distance  than  one  hundred  miles  from  the  coast 
of  China. 

2.  And  be  it  further  enacted,  that  the  terms  "  ships  or  Definition  of 
vessels    sailing    vmder    the    British    flag,"   used  in  the  said  "ships  or 
Ordinance,  shall  be  held  solelv  to  mean  and  include  British  yess^is  saii- 

'  •  mg  under 

vessels  navigated  according  to  law,  or  vessels  British  owned,  ti>e  British 

and  provided  with  sailing  letters  from  the  Government  of 

Hong-Kong. 

3.  And  be  it  enacted,  that  the  power  given  by  the  said  Provisions 
Ordinance  of  selling  ships  or  vessels,  discharged  of  bills  of  of  vessels 
sale,  transfers,  or  mortgages,  made  or  executed  under  the  of^^iuYof'^ 
circumstances  therein  also  mentioned,  be  confined  to  cases  sale,  trans- 

o       1  !•  1  1      n  1      ^^'■S  °'^  mort- 

oi  sale,  transier,  or  mortgages  made  or  executed  after  the  gages, 
seizure  of  such  ships  or  vessels,  and  to  cases  of  sales, 
transfers,  or  mortgages  made  before  seizure,  if  made  to 
transferees  or  mortgagees  having  notice  that  such  ship  or 
vessel  had  been  employed  in  trading  contrary  to  any  of  the 
prohibitions  of  the  said  Ordinance. 

4.  And  be  it  further  enacted  and  ordained,  that  no  vessel  Provisions  as 
shall  be  seized  or  detained  under  the  provisions  of  the  said  v°,^s'efs"^^  " 
Ordinance,  unless  the  Chief  Superintendent  of  Trade  shall 

have  issued  a  general  or  special  warrant  or  order  under  his 
hand  and  seal  for  that  purpose,  which  warrant  or  order  shall 
also  direct  that  such  vessel  shall  with  all  reasonable  expedi- 
tion be  brought  into  the  harbour  of  Hong-Kong,  and  be 
there  detained  until  further  order  of  the  Chief  Superin- 
tendent aforesaid,  or  of  the  Supreme  Court  of  Hong-Kong. 


240 


THE    CONSULAR    DUTIES    IN    CHINA. 


Penalties, 
how  reco- 
vered. 


o.  And  be  it  further  enacted,  that  all  penalties  and  for- 
feitures which  may  have  been  heretofore,  or  may  be  hereafter 
incurred  under  this  or  the  said  Ordinance,  may  at  the  instance 
of  the  Chief  Superintendent  of  Trade  be  prosecuted,  sued  for, 
and  recovered  in  the  Supreme  Court  of  Hong-Kong,  upon  in- 
formation to  be  filed  by  Her  Majesty's  Attorney-General  for 
the  said  colony  ;  and  that  the  said  Court,  in  pronouncing 
any  judgment  or  order  imposing  any  penalty  incurred  by  a 
violation  of  the  said  Ordinance,  shall  have  power  to  authorise 
and  direct,  that  if  the  same  be  not  paid  within  one  calendar 
month  from  the  time  of  giving  or  making  such  judgment  or 
order,  the  said  vessel  shall  be  sold  by  public  auction,  in  whole 
or  part  satisfaction  of  the  said  judgment,  as  far  as  the  pro- 
ceeds of  the  said  sale  may  reach. 

John   Francis  Davis, 
Governor,  ^c. 

Passed  the  Legislative  Council  of  Hong-Kong, 
this  9th  day  of  March,  1846. 

Adolphus  E.  Shelley, 
Clerk  of  Councils. 


Anno  Nono  Victorise  Reginse.     (No.  2  of  1846.) 

By  His  Excellency  Sir  John  Francis  Davis,  &c. 

Title.  An  Ordinance  to  amend  the  Ordinance  No.  3  of  1844,  en- 

titled, "  An  Ordinance  to  restrain  masters  of  merchant- 
vessels  belonging  to  Her  Majesty's  subjects  from  leaving 
seamen  and  others  in  a  destitute  state  in  the  dominions  of  the 
Emperor  of  China,  and  from  refusing  to  carry  distressed  sea- 
men from  thence  to  Hong-Kong  or  to  England  ;  and  also  to 
provide  for  the  good  conduct  of  seamen  within  the  same." 

[24th  March,  1846.] 

Preamble.  Whereas  it  is  expedient  that  the  form  of  bond  as  here- 
after contained  be  substituted  for  the  form  of  bond  prescribed 
by  the  said  Ordinance  No.  3  of  1844  :  Be  it  therefore  enacted. 
Bond  taken  by  His  Excellency  the  Governor  of  Hong-Kong  and  Chief 
of  Fhis^Ordi-^  Superintendent  of  the  Trade  of  Her  Majesty's  svibjects  in 
No'TofTsH  China,  with  the  advice  of  the  Legislative  Council  thereof, 
to  be  in  tiie   ^j-^^t  in  all  cases  hereafter,  where  any  bond  shall  be  taken  or 

form  hereby  n  i  i- 

prescribed,    executed  in  pursuance  of  this  or  the  said  Ordmance  No.  3  ot 


THE    CONSULAR    DUTIES    IN    CHINA.  241 

1844,  the  following  form  and  terms  of  condition  shall  be  sub- 
stituted and  used  in  place  of  that  prescribed  by  the  said  Ordi- 
nance No.  3  of  1844.     That  is  to  say  : 
Know  all  men  by  these  presents,  that 

master  of  the  vessel  the  of 

and  we  British  mer- 

chants resident  at  are  held  and  firmly 

bound  unto  Her  Most  Gracious  Majesty  Victoria,  by  the 
grace  of  God  of  Great  Britain  and  Ireland  Queen,  Defender  of 
the  Faith,  in  the  full  sum  of  one  thousand  lawful  current 
dollars  of  the  currency  of  the  colony  of  Hong-Kong,  to  be 
paid  to  Her  said  Majesty,  her  heirs  and  successors,  for  which 
payment  to  be  well  and  truly  made  we  bind  ourselves,  and 
each  of  us  for  himself,  in  the  whole,  one  and  every  of  our 
heirs,  executors,  and  administrators,  firmly  by  these  presents. 
Sealed  Avith  our  seals  this  day  of 

184  , 

Whereas  the  within  bound 
have  agreed  to   execute  this  obligation  as  sureties  for  the 
within  bound 

Now  the  condition  of  this  obligation  is  such,  that  if  the  w  ithin 
named  master  of  the  vessel  the 

aforesaid,  do  not  within  one  year  from  the  date  hereof, 
unlawfully  discharge  or  leave  behind  any  of 
the  crew  of  the  said  vessel  the  in  the  dominions 

of  the  Emperor  of  China,  or  within  one  hundred  miles  from 
the  coast  of  China ;  and  also,  within  the  space  of  one  year 
aforesaid,  Avithin  the  limits  aforesaid,  do  not  refuse  to  re- 
ceive on  board  the  said  vessel  the  such  dis- 
tressed seamen  as  may  be  sent  on  board  thereof  for  convey- 
ance to  Hong-Kong  or  to  Great  Britain,  by  any  of  Her  Ma- 
jesty's Consiils  in  China  ;  and  if  no  person  formerly  a  seaman 
of  the  said  vessel,  or  no  subject  of  Her  Majesty  conveyed  in 
the  said  vessel  the  to  the  dominions  of  the 
Emperor  of  China,  shall,  prior  to  the  departure  of  the  said 
vessel  from  the  said  dominions,  be  found  destitute  or  requir- 
ing public  relief  therein  ;  and,  also,  if  the  within  obligers 
shall  forthwith  discharge  all  or  any  sums  of  money  which 
may  be  awarded  by  way  of  satisfaction  (in  the  manner  pro- 
vided by  the  Ordinances  in  pursuance  of  which  this  bond  is 
entered  into)  to  any  person  or  persons  by  any  competent 
tribunal,  for  any  injury  sustained  within  one  year  from  the 
date  hereof,  from  the  creAV  of  the  said  vessel  the 

2  I 


242  THE   CONSULAR"  DUTIES   IN    CHINA. 

or  any  one  or  more  of  tliem ;  and  also,  if  the  uithin 
obligers  shall  forthwith  on  demand  discharge  and  pay  all 
costs  and  expenses  necessary  for  conveying-  to  Great  Britain 
all  destitute  seamen  belonging  to  and  unlawfully  left  behind 
said  vessel  in  the  said  dominions,  then  this  obligation  shall 
be  void  and  of  no  effect,  but  otherwise  shall  remain  in  full 
force  and  virtue. 

Signed,  sealed,  and  delivered  at 
in  the  presence  of  A.  B. 

John  Francis  Davis, 
Governor,  ^c,  ^-c. 

Passed  the  Legislative  Council  of  Hong-Kong, 
this  24th  day  of  March,  184G. 

Adolphus  E.  Shelley, 
Clerk  of  Councils. 


The  Currency  at  Amoy. 


The  annexed  copy  of  a  letter  addressed  to  Her  Britannic  Majesty's 
officiating  Consul  at  Amoy,  regarding  the  rate  at  which  various 
Foreign  coins  are  "to  be  received  at  that  port  in  payment  of  the 
imperial  duties,  is  published  for  general  information  and  guidance. 

By  Order,  &c., 
(Signed)  Richard  AVoosnam. 

Government-House,  Victoria,  Hong-Kong,  December,  4,  1843. 

Sir  Henry  Pottinger  to  Mr.    Grihble. 

Government-House,  Victoria,  Hong-Kong, 
Sir,  December,  3,  1843. 

I  have  the  honour  to  acknowledge  the  receipt  of  your  letter  No  3  of 
the  13th  of  last  month,  submitting  the  result  of  an  investigation  into 
the  currency  at  Amoy,  and  stating  that  the  outturn  of  the  different 
coins  which  had  been  assayed  there  averaged  one  tael  and  seven 
mace  {\t.  7m.)  less  than  at  Canton;  but  that  being  anxious  to  assi- 
milate the  Amoy  standard  with  that  already  laid  down  at  Canton,  you 
had  arranged  with  the  local  Mandarins  for  the  adoption  of  the  latter 
at  Amoy,  on  condition  that  one  tael  five  mace  (U.'  5m.)  should  be 
allowed  on  every  100  taels  of  Sycee  silver  for  refining  expenses,  under 
the  following  heads,  viz : — 


THE    CONSULAR    DUTIES    IN    CHINA.  243 

Mace. 

Charcoal 6 

Wages  of  two  men       .......         5 

Saltpetre,  &c.       ........  3 

House  expenses 1 

15 

Bj^  this  arrangement, 

Rupees  weighing 
Peruvian  dollars  do. 
Mexican  do. 
Bolivian  do. 
Chilian  do.  . 
Chojiped  do. 

are  to  be  considered  respectively  equal  to  100  taels  weight  of  Sycee 
silver,  in  all  cases  where  the  imperial  duties  may  be  paid  in  any  of  the 
above-named  coins. 

The  charge  for  refining  at  Canton  is  one  tael  two  mace  (It.  2>«.)  on 
every  100  taels  of  Sycee,  and  the  difierence  is  so  trifling  that  I  readily 
sanction  your  arrangement. 

A  copy  of  this  letter  will  be  published  for  general  information. 

I  have,  &c., 
(Signed)  Henry  Pottingek. 


T. 

M.  C.  C. 

.  109 

7  9  0 

.  Ill 

4  5  5 

.  Ill 

9  0  0 

.  112 

15  0 

.  112 

5  2  0 

.  113 

2  0  7 

Regulations   established  at  Amoy. 

1st.  The  Consulate  will  not  be  opened  on  Sundays. 

2nd.  All  British  subjects  residing  at  Amoy  are  required  to  renew 
the  register  of  their  names  at  this  Consulate,  on  or  about  the  1st  of 
January,  describing  the  houses,  hongs,  they  rent  from  the  Chinese, 
the  names  and  occupation  of  all  Europeans  connected  with  their 
establishment,  as  well  as  the  natives  employed  either  as  shroffs, 
servants,  &c. 

3rd.  The  limits  of  the  port  extend  to  the  six  islands  on  the  east 
side  ;  to  the  Pagoda  Island  at  the  mouth  of  the  Western  River  ;  the 
Island  of  Koolangsoo  and  the  inner  waters. 

4th.  All  British  ships  are  required  when  discharging  or  taking  in 
cargo  to  anchor  off  the  town  of  Amoj^ 

5th.  British  ships  driven  in  by  stress  of  weather,  or  coming  within 
the  meaning  of  the  5th  regulation,  are  to  anchor  inside  the  200-gun 
battery,  or  abreast  of  the  north-east  point  of  Koolangsoo. 


244  THE    CONSULAR   DUTIES    IN    CHINA. 

6tli.  All  British  ships  driven  in  by  stress  of  weather,  or  calling  for 
letters,  treasure,  or  provisions,  are  exempt  from  port  dues.  If  bulk 
is  broken,  the  ships  are  liable  to  the  usual  port  dues.  The  captain 
will  deliver  his  papers,  according  to  the  ord  Article  of  the  General 
Regulations,  within  twenty-four  hours. 

7th.  British  ships  are  allowed  to  call  at  this  port  to  "  try  the 
market."  The  captain  will  deliver  his  papers  as  before,  and  the  con- 
signee is  to  declare  his  intention  of  either  taking  delivery  of  cargo  or 
otherwise,  within  forty-eight  hours  after  the  ship  has  anchored.  Any 
ship  exceeding  the  time  specified  (viz.,  forty-eight  hours)  will  be  liable 
to  the  usual  port  dues. 

8th.  The  rates  at  which  payments  for  duties  are  to  be  made,  either 
in  Sycee  or  coined  money,  have  been  settled  on  the  same  footing  as  at 
Canton. 

For  refining. 

T.     M. 

Sycee  at  par  of  100  touch  .         .         .         .         .12 

Sycee  of  inferior  touch  is  to  be  made  equivalent  to  100  touch. 

For  refining. 
Rs.  T.    M.    c.     c.  T.    M. 

Rupees  for  100  add     .         .        '8915.         .12 


Peruvian  dollars          .         .          10  2  7 

Mexican  do.         .         .         .         10  6  2 

Spanish  do.          .         .         .         10  8  3 
Cut  money  to  be  tested  by  fire  . 


1  2 

1  2 

1  2 

1  2 


Shoidd  any  dispute  arise  on  the  difference  of  the  touch  of  Sycee,  it 
is  to  be  tested  by  fire. 

9th.  All  cargo  is  to  be  shipped  off  between  sunrise  and  sunset,  and 
from  the  undermentioned  landing-places — Suy-seen-kung,  Loo-tow- 
taou,  Mei-loo-tow,  Kiang-tsae-kow,  Loo-tow,  Sin-loo-tow,  Ta-sze- 
kiang-loo-tow. 

loth.  Pilotage  is  charged  at  the  rate  of  fifty  cents  per  foot,  from  or 
to  the  Chaw-Chat  rocks,  and  one  dollar  from  Lamtia  or  Chapel  Island, 
or  in  a  line  from  that  island  to  Packtie  on  the  north,  and  Tungting  on 
the  south. 

11th.  Persons  wishing  to  visit  the  surrounding  country  are  allowed 
to  go  the  distance  of  one  day's  journey  :  they  are  to  be  accompanied 
by  a  policeman,  and  if  proceeding  in  a  boat  are  to  carry  a  distin- 
guishing flag. 

Attention  is  particularly  directed  to  a  notification  issued  at  Amoy, 
on  the  2nd  of  December,  1843,  with  reference  to  the  before-mentioned 
regulation. 

12th.  Sailors  on  liberty  are  to  be  attended  by  an  officer  or  re- 
sponsible person,  and,  if  disorderly  or  riotous,  the  full  amount  of  ten 
dollars  will  be  awarded  for  each  offence. 


THE   CONSULAR   DUTIES    IN    CHINA.  245 

IStli.  Rice  ships  are  admitted  free  of  port  dues  ;  but  if  they  take 
away  an  export  cargo,  they  are  liable  to  one-half  the  present  port 
dues,  or  2m.  5c.  per  register  ton. 

14th.  Ships  laden  with  rice  arriving  in  port  with  a  considerable 
portion  of  general  cargo  on  board  intended  for  another  port,  are 
exempt  from  duty. 

15th.  Ships  partly  laden  with  rice  and  general  cargo,  are  to  be 
charged  full  tonnage  dues,  if  any  of  the  general  cargo  is  sold  and 
discharged. 

16th.  A  Custom-house  officer  will  attend  at  the  landing-places,  from 
sunrise  to  sunset,  to  examine  and  pass  all  cargo,  and  his  chop  is  to  be 
placed  on  goods  either  imported  or  exported. 

17th.  Many  difficulties  having  arisen  in  the  difference  of  weights,  it 
is  requested  that  the  standard  sanctioned  by  the  Tariff  be  adopted ; 
and  should  there  be  any  dispute,  it  must  be  referred  to  the  Import 
Department  in  the  Consulate. 

18th.  The  Chinese  not  being  acquainted  with  the  usual  terms 
"  demuri'age,"  "laydays,"  &c.,  it  is  recommended  that  all  parties 
should  make  agreements  upon  these  and  similar  points. 

19th.  Fourteen  working  days  (unless  there  is  a  specification  on  the 
bill  of  lading)  may  be  considered  as  an  equitable  limit  in  a  port 
offering  so  many  facilities  for  the  discharge  of  a  ship,  or  taking 
delivery  of  a  portion  of  the  cargo. 

Post-office  regulations  may  be  seen  at  the  office. 

20th.  All  firing  from  ships  in  the  harbour  is  strictly  prohibited, 
without  permission  from  the  Consul. 

(Signed)  Henry   Gribble, 

Her  Majesty's  Officiating  Consul,  Amoy. 

Her  Britannic  Majesty's   Consulate,  Amoy. 

N.B.  21st.  All  ships  are  exempt  from  tonnage  dues,  provided  the 
consignee  can  produce  the  grand  chop  from  the  Chinese  authorities, 
and  port-clearance  from  any  of  the  Consular  ports. 

22nd.  Ships  are  allowed  to  remain  in  port  for  warehouse  purposes 
six  months  before  the  tonnage  dues  are  demanded. 

All  cargo  transshipped  is  to  be  duly  noted  and  entered  both  at  the 
Consulate  and  Custom-house.     When  delivery  is  taken,  the  mode  of 
proceeding  is  precisely  similar  to  the  general  regulations  of  trade. 
(Signed)  Henry   Gribble, 

Her  Majesty's  Officiating   Consul,  Amoy. 


246  THE   CONSULAR   DUTIES   IN   CHINA. 

Regulations  to  be  observed  by  all    British    Subjects   residing 
at   or  resorting   to  ningpo. 

1.  All  British  subjects  must  immediately  upon  arrival  at  Ningpo 
report  themselves  at  this  Consulate,  stating  at  the  same  time  their 
professions,  places  of  residence,  &c.,  &c.,  and  the  probable  period  of 
their  stay  at  this  city. 

2.  British  subjects  will  not  be  permitted  under  any  pretence  to  go 
into  the  country  a  greater  distance  than  three  miles  from  the  city  of 
Ningpo,  without  previously  reporting  their  intention  at  this  Con- 
sulate, when  the  Undersigned  will  reserve  to  himself  the  right  of 
judging  whether  such  intention  be  admissible  or  not.  In  all  cases 
where  it  is  decided  that  it  is  admissible,  the  Undersigned  will  provide 
the  person  or  party  applying  with  a  guide,  who  will  remain  with  such 
person  or  party  till  their  return  to  this  city  ;  and  when  it  shall  be 
decided  that  the  proposal  is  inadmissible,  the  person  or  party  going 
into  the  country,  in  opposition  to  the  expressed  wish  of  the  Under- 
signed, will  expose  himself  or  themselves  to  a  severe  penalty,  as  the 
circumstances  of  the  case  may  appear  less  or  more  aggravated. 

3.  All  British  subjects  going  into  the  country  to  shoot,  no  matter 
what  the  distance  may  be,  must  in  like  manner  give  due  notice  at  this 
Consulate  and  obtain  permission  for  that  end,  otherwise  they  will 
expose  themselves  to  a  like  severe  penalty. 

4.  British  subjects  while  in  the  country  will  be  required  to  be 
exceedingly  particular  not  to  enter  the  houses  of  the  people  against 
their  will,  nor  to  offer  any  wanton  disrespect  to  their  temples  or  idols, 
nor  to  desecrate  or  injure  tombs,  nor  to  break  down  fences  or  to  tread 
on  anything  planted  in  the  groimd ;  and,  in  short,  not  only  to  do  no 
positive  injury  to  the  people,  but  also  to  guard  against  doing  anything 
that  may  shock  their  prejudices. 

5.  British  subjects  will  not  be  permitted  to  go  to  any  of  the  cities 
or  towns,  or  even  large  villages,  in  the  neighbourhood  of  Ningpo, 
without  special  licence  from  the  Undersigned  and  the  high  authorities 
of  the  district. 

6.  British  subjects  will  not  be  permitted  to  enter  any  of  the  public 
offices  of  this  place  without  special  licence  or  express  invitation. 

7.  British  subjects  residing  at  Ningpo  will  reqviire  to  give  distinct 
notice  at  this  Consulate  when  they  change  their  places  of  residence. 

8.  All  British  subjects  on  leaving  Ningpo  will  require  to  report 
themselves  at  this  Consulate  as  on  arrival,  and  those  who  have 
resided  here  for  any  length  of  time,  and  had  commercial  dealings 
with  the  natives,  will  be  required  to  give  at  least  forty-eight  hours' 
notice  before  they  can  be  permitted  to  depart. 


THE   CONSULAR    DUTIES    IN    CHINA.  247 

The  Undersigned  ventiu-es  to  hope  that  by  a  strict  observance  of 
the  above  reguUitions,  which  in  so  far  as  he  is  concerned  will  be 
most  rigorously  enforced,  all  well-disposed  persons  will  have  an 
ample  enjoyment  of  healthful  air  and  exercise  secured  to  them  ;  while 
it  will  be  put  out  of  the  power  of  any  ill-disposed  individual  to  pre- 
judice by  his  bad  conduct  the  comforts  and  rational  recreations  of 
the  community  at  large. 

(Signed)  R.  Thom, 

Her  Majesty's  Officiating  Consul  at  Ningpo. 

British  Consrdaie,  Nivgpo,  January  1,  1844. 


Regulations  to  be  observed  by  British  Vessels  trading  to   or 

FROM    NiNGPO. 

1.  All  British  vessels  entering  the  Port  of  Ningpo  must  anchor  at 
Chinhai  and  report  themselves  to  the  Mandarin  stationed  there  for 
that  purpose,  waiting  till  they  have  been  duly  visited  by  that  func- 
tionary, and  searched,  if  he  shall  deem  it  expedient. 

N.B»  The  following  is  the  form  of  report  required  :  • 

1.  A.  B.,  master  of  the  ship  C.  D.,  of  tons  burthen,  navi- 
gated by  a  crew  of  men,  now  declare  my  intention  of  pro- 
ceeding to  Ningpo,  and  request  that  I  may  be  dispatched  without 
delay.                         (Signed) 

On  board  ship  master-ship  day 

of  184     . 

2.  British  vessels  on  arriving  at  Ningpo  will  anchor  as  near  to  the 
Consulate  (which  will  be  at  once  known  by  the  Red  Ensign  flying)  as 
may  be  done  without  incommoding  the  ships  already  at  anchor  in  the 
river,  or  the  native  junks.  When  practicable  a  person  will  be  sent  on 
board,  who  will  point  out  the  proper  place  to  bring  up,  but  they 
must  not  on  any  account  go  higher  up  the  river  than  a-beam  of  the 
Consular  flag-staff. 

3.  British  vessels  on  arriving  at  Ningpo  will  have  each  a  number 
given  them  which  must  be  pamted  in  large  letters  in  white,  English 
on  both  bows,  and  Chinese  on  both  quarters,  for  greater  facility  of 
discrimination. 

4.  Masters  of  British  vessels  on  arrival  at  Ningpo  must  give  in  a  list 
upon  oath  of  all  persons  they  may  have  on  board  ;  none  of  these  may 
be  left  behind  without  exposing  the  said  master  to  a  heavy  penalty  ; 


248  THE    CONSULAR    DUTIES    IN    CHINA. 

neither  may  the   said  master  take  away  others   than   those- in    the 
original  list,  without  duly  representing  the  same. 

5.  Masters  and  Supercargoes  of  British  vessels  will  be  required  at 
this  Consulate  to  present  a  manifest  of  all  cargo  they  may  have 
brought  within  the  mouth  of  this  river  and  to  attest  the  same  upon 
oath;  and  should  they  not  discharge  all  their  cargo,  they  will  be 
required  to  show  the  balance  of  such  cargo  as  should  remain  on  board 
to  the  Chinese  custom-house  officer  whenever  he  may  wish  to  in- 
spect it. 

6.  British  vessels  will  only  be  permitted  to  discharge  or  load  at 
the  place  appointed  by  the  authorities  on  the  northern  bank  of 
the  river  known  by  the  Chinese  name  of  Lee-kea  Taon-tou,  and 
between  the  hours  of  eight  in  the  morning  and  four  in  the  after- 
noon :  and  any  goods  found  landing  or  shipping,  from  or  on  board  of 
any  British  vessel  at  any  other  time  or  place,  without  special  licence 
having  been  granted  for  the  same,  such  goods  will  be  considered  con- 
traband, and  as  such  will  be  liable  to  instant  seizure :  besides,  the 
vessel  landing  or  shipping  off  such  goods  in  contravention  of  the 
regulations  of  the  port,  Avill  expose  herself  to  be  severely  fined  for 
each  irregularity. 

7.  Masters  of  British  vessels  will  be  careful  not  to  let  their  people 
land  at  Chinhai  more  than  is  absolutely  necessary  for  reporting  the 
ship  as  she  enters  and  leaves  the  mouth  of  the  river,  and  on  no 
account  must  they  permit  their  people  to  land  and  ramble  into  the 
country  while  the  vessel  is  on  her  passage  between  Chinhai  and 
Ningpo,  and  vice  versa. 

8.  Masters  of  British  vessels  while  lying  in  the  Ningpo  River  will 
be  required  to  be  exceedingly  strict  and  attentive  as  to  the  degree 
of  liberty  they  allow  their  men  while  in  port.  No  more  persons  will 
be  allowed  to  go  on  shore  from  each  ship  than  what  are  absolutely 
necessary  for  the  carrying  on  of  the  lawful  business  of  the  ship, 
without  being  first  duly  reported  at  this  Consulate  and  getting  a 
special  licence  :  and  such  special  licences  can  only  be  granted  when 
the  men  are  under  the  care  of  an  officer. 

Let  it  be  borne  in  mind,  that  for  any  damage  done  by  sailors 
on  shore,  the  ship  wiU,  in  the  first  instance,  be  held  responsible. 

Let  masters  of  vessels  also  beware  of  allowing  samshoo  to  be 
brought  alongside. 

9.  Masters  and  supercargoes  of  British  vessels  about  to  leave  the 
port  will  be  reqviired  to  give  at  least  forty-eight  hours'  notice  before- 
hand, and  to  keep  their  Blue  Peter  flying  for  that  time,  that  the  same 
may  be  duly  made  known. 

10.  British  vessels  leaving  the  port  will  be  required  to  exhibit  their 


THE   CONSULAR   DUTIES    IN    CHINA.  249 

grand  chop  or  port-clearance  to  the  Mandarin  stationed  at  Chinhai 
for  that  purpose ;  and  must  again  submit  to  be  searched  should 
the  said  Mandarin  express  a  wish  to  that  eflfect. 

11.  Masters  of  British  vessels  will  be  required  to  pay  attention  to 
the  conduct  and  capabilities  of  those  Chinese  who  offer  themselves  to 
pilot  ships  up  and  down  the  river,  and  they  will  be  further  required 
to  give  an  honest  and  true  certificate  under  their  hands  of  such  con- 
duct and  capabilities,  in  order  that  in  the  course  of  time  Consular 
licences  may  be  given  to  che  most  skilful.  These  certificates  should 
state  the  name,  age,  and  appearance  of  the  individual. 

12.  Lastly,  all  masters  and  supercargoes  of  British  vessels  will  be 
required  to  subscribe  to  these  regulations  before  being  permitted  to 
discharge  ;  and  the  Undersigned  will,  in  the  event  of  any  breach 
of  them,  reserve  to  himself  the  right  of  imposing  such  penalties  as 
the  greater  or  lesser  aggravations  of  the  case  may  seem  to  call  for. 

(Signed)  R.  Thom, 

Her  Majesty's  Officiating  Consul  for  Ningpo. 
British  Consuldtf,  Ningpo,  January  1,  1844. 


Hints  to  British   Merchants  Resorting  to  Ningpo  for  Purposes 

OF  Trade. 

1.  It  must  be  borne  in  mind  that  weights  and  measures  differ  widely 
in  every  part  of  China,  and  that  consequently  there  is  a  great  difference 
between  those  employed  at  Canton  and  those  in  use  at  Ningpo. 

Many  mistakes  have  already  taken  place  in  consequence  ;  and,  to 
obviate  such  mistakes  in  future,  the  Undersigned  strongly  recommends 
all  British  merchants  having  commercial  dealings  at  this  port,  whether 
in  buying  or  selling  goods  by  weight  or  measure,  or  paying  or  re- 
ceiving money  by  weight,  to  reduce  everything  to  Custom-house 
standard ;  for  which  end  the  standard  weights  and  measures  of  this 
Consulate  will  always  be  at  the  service  of  any  merchant  who  may 
wish  to  adjust  his  own  by  them,  or  to  have  a  similar  set  made. 

2.  British  merchants  are  reminded  that  the  Ningpo  merchants  are 
not  men  of  the  same  establislied  character  and  great  means  as  the 
hong  merchants  of  Canton.  Great  care  should  therefore  be  taken 
when  goods  have  been  sold,  to  deliver  them  as  per  muster,  and  in 
good  order  and  condition  before  witnesses,  lest,  the  market  falling,  the 
purchaser  should  damage  them,  and  say  that  he  received  them  in  that 
state,  as  a  pretext  to  throw  up  his  bargain ;  and  still  more  in  buying 
goods,  every  package  should  be  most  carefully  examined  before  being 
removed  from  the  seller's  premises,  in  order  to  guard  against  false 

2   K 


250  THE   CONSULAK   DUTIES    IN   CHINA. 

packing  and  other  frauds  which  are  very  common  in  this  part  of  the 
country. 

3.  There  being  no  longer  security  merchants  to  pay  the  debts  and 
fultil  the  engagements  of  those  who  are  unfortunate  or  of  those  who 
commit  acts  of  fraud,  British  subjects  are  hereby  cautioned  against 
giving  credit  to  any  large  amount.  A  barter  trade  Avill  be  found  the 
best  and  safest  in  the  end ;  and  no  matter  what  the  sum  may  be, 
whether  in  making  sales  or  purchases,  British  subjects  are  strongly 
recommended  to  exact  a  sale  or  purchase  note  (vulgarly  called  a  Hong- 
chop),  without  which  document,  in  the  event  of  fraud  or  failure,  the 
sufferer  woiild  find  great  difficulty  to  establish  his  claim  in  a  Chinese 
Court  of  law. 

Lastly.  While  the  Undersigned  has  every  wish  to  assist  such  of  his 
countrymen  as  may  be  unhappily  involved  in  losses  from  frauds  or 
failures  at  Ningpo,  yet,  in  justice  to  himself,  he  must  insist  on  the 
transactions  brought  before  him  being  not  only  in  themselves  per- 
fectly just  and  straightforward,  but  moreover  of  such  a  tangible  and 
business-like  shape,  that  when  he  takes  them  up  he  may  have  some 
prospect  of  bringing  them,  if  not  always  to  a  satisfactory,  at  least  to 
an  intelligible  issue. 

Respecting  all  cases  that  are  not  perfectly  consistent  with  what  is 
right  and  proper  between  man  and  man,  as  well  as  all  cases  of  mere 
suspicion  without  evidence,  or  where  the  British  subject  has  been  in 
part  to  blame  in  the  first  instance,  or  where  from  carelessness  and  in- 
attention the  circumstances  have  been  allowed  to  become  so  complex 
as  to  require  much  explanation  and  unravelling,  the  Undersigned 
must  for  his  own  credit  decline  to  mix  himself  up  in  such  transactions ; 
and  he  has  accordingly  to  request  that  British  subjects  will  be  careful 
in  brmging  cases  of  like  nature  before  him. 

(Signed)  R.  Thom, 

Her  Majesfys  Officiating  Consul  for  Ningpo. 

British  Consulate,  Ningpo,  January  1,  1844. 


Port   Regulations  of  Shanghae. 

1.  The  limits  of  the  port,  on  the  sea  side,  are  defined  within  the 
lines  formed  by  Paou-shan  Point  bearing  west,  and  the  battery  on  the 
right  bank  at  the  mouth  of  the  river  below  Woosung  bearing  south- 
west. The  anchorage  for  loading  and  discharging  cargo  is  off  the 
Custom-house,  and  extends  from  the  river  called  the  Woosung-Kow 
to  that  called  the  Yang-King-Pang.     For  more  detailed  instructions 


THE    CONSULAR    DUTIES    IN    CHINA.  251 

on  this  head,  the  taking  in  and  discharging  of  ballast,  &c.,  masters  of 
vessels  are  required  to  apply  at  the  Consulate. 

2  Pilots  can  be  obtained  at  Woosung  to  bring  v.essels  up.  In  case 
of  necessity,  a  gun  will  always  bring  one  off',  but  the  usual  signal 
should  first  be  hoisted.  Pilots  to  take  vessels  down  can  be  obtained 
at  Slianghae  on  application  at  the  Consulate.  Each  pilot  is  authorised 
by  letter  under  the  Consulate  Seal  to  act,  and  the  amount  he  is  duly 
authorised  to  demand  as  a  just  remuneration  for  his  services  is 
specified  therein. 

3.  All  vessels  must  be  moored  within  the  period  of  two  tides  from 
the  time  of  their  arrival  at  the  anchorage,  and  in  no  case  can  a  vessel, 
after  she  is  moored,  move  or  shift  her  berth,  without  permission  from 
the  Consulate. 

4.  Masters  of  vessels  will  report  themselves  within  twenty-four 
hours  after  arrival,  unless  Sunday  shoiild  intervene  ;  and  they  will 
strictly  attend  in  all  other  points  to  Article  III.  of  the  General  Regu- 
lations of  Trade. 

5.  Masters  requiring  to  beach  their  vessels  for  the  purpose  of 
inspection  or  repair,  must  apply  at  the  Consulate  for  instructions. 

6.  No  goods  can  be  landed,  shipped,  or  transshipped,  after  sunset  or 
before  sunrise,  or  between  Saturday  evening  and  Monday  morning, 
and  no  work  is  to  be  done  on  board  vessels  in  harbour  on  Siuiday, 
except  such  as  may  be  necessary  for  the 'cleanliness  and  safety  of 
the  ship. 

7.  The  discharge  of  fire-arms  from  the  merchant-vessels  in  harbour 
is  strictly  prohibited,  as  also  from  the  residences  of  British  subjects. 

8.  Masters  of  vessels  are  required  to  report  any  passengers  at  the 
same  time  as  the  arrival  of  the  ship  ;  and  seamen  and  persons  belong- 
ing to  the  A^essels  in  harbour  are  not  to  be  permitted  to  go  on  shore 
without  a  responsible  officer  in  charge,  the  masters  being  held  dis- 
tinctly responsible  for  the  conduct  of  their  men  on  shore.  In  the 
event  of  any  men  on  liberty  remaining  on  shore  after  sunset,  the  master 
is  required  without  delay  to  send  an  officer  to  find  and  take  them  on 
board.  Due  and  timely  notice  must  also  be  given  of  the  number  and 
the  names  of  passengers  on  board  of  any  vessel  leaving  the  port. 

9.  All  cases  of  death,  whether  on  board  a  British  vessel  or  on  shore 
in  the  residence  of  a  British  subject,  must  be  reported  within  twenty, 
four  hours,  together  with  the  best  information  attainable  of  the  cause 
of  death,  in  cases  of  sudden  demise,  to  Her  Majesty's  Consul,  who 
will  give  directions  respecting  the  place  of  interment. 


2-52  THE    CONSULAR    DUTIES    IN    CHINA. 

Regulations   of  Trade   for  the  Port   of  Foo-chow-foo. 

1.  The  limits  of  the  port  of  Foo-chow-foo  extend  from  the  Bridge 
to  the  Woo-foo-muTi  Pass. 

2.  The  Chinese  officer  at  the  station  within  the  Pass  has  orders  to 
provide  any  vessel  desiring  to  enter  the  port  with  a  pilot. 

3.  British  ships  may  remain  in  the  port  with  a  view  of  ascertaining 
the  state  of  the  market  without  restriction  as  to  time,  and  should  they 
desire  to  depart  without  breaking  bulk,  no  port  dues  will  be  de- 
manded. The  captain  will,  however,  in  all  cases  deliver  his  ship's 
papers,  bill  of  lading,  &c.,  into  the  hands  of  the  Consul  within  tAventy- 
four  hours  after  arrival. 


British  Ordinance  Relating  to  Her  Majesty's  Consular 
Officers   in   China. 

Hong-Kong,  11th  INIarch,  1847. 

Anno  Decimo  Victorian  Reginas.     (No.  1  of  1847.) 
By  His  Excellency  Sir  John  Francis  Davis,  &c. 

An  Ordinance  to  repeal  and  amend  certain  Ordinances  relating  to 
Her  Majesty's  Consular  Officers  in  China,  and  to  substitute  other  pro- 
visions in  lieu  thereof. 

[March  11,  1847.] 

Whereas  it  is  expedient  to  repeal  and  amend  certain  Ordinances  re- 
lating to  Her  Majesty's  Consular  Officers  in  China  : 

1.  Be  it  therefore  enp^cted  and  ordained  by  His  Excellency  the  Go- 
vernor, with  the  advice  of  the  Legislative  Council  of  Hong-Kong,  that 
from  and  after  the  31st  day  of  March  in  the  year  of  our  Lord  1847, 
from  which  day  this  Ordinance  shall  commence  and  take  eifect,  an 
Ordinance  passed  in  the  6th  and  7th  year  of  Her  Majesty  Queen 
Victoria,  intituled,  "An  Ordinance  to  give  judicial  authority  to  Her 
Majesty's  Consuls  within  the  dominions  of  the  Emperor  of  China," 
and  also  an  Ordinance  passed  in  the  8th  year  of  Her  Majesty,  intituled, 
"  An  Ordinance  to  authorise  the  execution  of  the  process  of  the 
Supreme  Court  of  Hong-Kong  in  certain  parts  within  the  dominions  of 
the  Emperor  of  China,"  shall  be,  and  the  same  are  hereby  declared  to 
be  repealed. 

2.  And  be  it  further  enacted  and  ordained,  that  Her  Majesty's  Consuls 
shall,  within  the  limits  of  the  ports  in  China  where  they  may  be  offi- 
cially resident,  possess  the  same  jurisdiction,  powei',  and  authority  that 
is  now  or  shall  hereafter  be  possessed  by  any  Court  of  Judicature  at 
Hong-Kong,  save  always  as  is  hereafter  mentioned  and  excepted. 


THE    CONSULAR    DUTIES    IN    CHINA.  253 

3.  And  be  it  further  enacted  and  ordained,  that  such  Consul  as 
aforesaid  shall  have  full  power  to  inquire  concerning,  and  record  the 
evidence  of  all  witnesses  in  any  felony,  misdemeanour,  or  other 
criminal  offence,  and  also  in  all  civil  actions,  suits,  and  matters 
whatsoever,  but  not  to  determine  the  same,  save  as  is  hereafter 
mentioned. 

4.  And  be  it  further  enacted  and  ordained,  that  the  evidence  so  re- 
corded as  aforesaid  shall  be  transmitted,  together  with  the  remarks  of 
the  said  Consul  thereon,  and  on  the  demeanour  of  the  witnesses  giving 
the  same,  to  such  Court  of  Judicature  at  Hong-Kong  as  is  now  and 
shall  hereafter  be  erected  ;  which  Court  shall  thereupon  duly  proceed 
to  hear,  try,  and  determine  any  criminal  or  civil  matters,  and  for  that 
purpose  shall  admit  and  read  the  said  evidence  so  recorded  of  such  of 
the  said  witnesses  as  shall  be  absent  from  Hong-Kong  aforesaid,  saving 
all  exceptions  thereto  which  may  appear  to  the  said  Court  to  be  valid 
and  just. 

5.  And  be  it  further  enacted  and  ordained,  that  snch  Consul  shall 
have  full  power  to  adjudicate  upon  and  determine  all  crimes,  misde- 
meanours, and  other  offences  which  shall  appear  to  him  not  to  deserve 
a  greater  punishment  than  he  is  authorised  to  inflict,  under  and  in 
virtue  of  the  provisions  of  Ordinance  No.  7  of  1844,  intituled,  "An 
Ordinance  for  the  better  administration  of  justice  in  the  Consular  Courts, 
and  to  establish  a  registration  of  British  subjects  within  the  dominions 
of  the  Emperor  of  China,  and  also  to  adjudicate  upon  and  determine  in 
all  civil  suits  and  actions  wherein  the  sum  claimed  shall  not  exceed 
500  dollars,  according  to  the  provisions  of  the  last-mentioned  Ordinance. 

6.  And  be  it  further  enacted  and  ordained,  that  in  all  suits  or  actions 
wherein  the  sum  claimed  does  not  exceed  twenty  dollars,  such  Consul 
as  aforesaid  may  appoint,  by  writing  under  his  hand,  any  one  or  more 
persons  to  hear  and  determine  the  same  on  his  behalf,  and  under  his 
supervision,  revision,  and  control ;  which  said  person  or  persons  so 
appointed  shall  have  the  same  power  and  authority,  and  shall  in  all 
things  demean  nim  or  themselves  therein  as  such  Consul  himself. 

7.  And  be  it  further  enacted  and  ordained,  that  in  any  criminal  pro- 
ceeding, except  for  felony,  against  the  Master  or  any  of  the  crew  of  any . 
vessel  about  to  leave  such  port  as  aforesaid,  Avherein  the  said  evidence 
shall  have  been  duly  recorded  as  aforesaid,  and  it  shall  appear  that  an 
adequate  puiiisliment  can  be  awarded  by  way  of  fine  without  imprison- 
ment, that  it  shall  be  lawful  for  the  said  Consul  (if  he  thinks  fit)  to  take 
security  for  the  due  payment  of  any  fine  which  may  be  awarded  therein, 
and  thereupon  to  permit  the  departure  of  the  Master  or  the  crew  of 
the  said  ship,  without  their  appearing  to  take  their  trial  before  the 
said  Court  of  .Judicature  at  Hong-Kong,  and  in   such   cases  the  said 


251:  THE    CONSULAR    DUTIES    IN    CHINA. 

Court  shall  proceed  to  adjudicate  therein  in  the  absence  of  the  accused 
party. 

8.  And  be  it  further  enacted  and  ordained,  that  svxch  Consul  as 
aforesaid  shall  have  full  power  to  grant  probates  of  the  wills  and 
letters  of  administration  to  the  estates  of  Her  Majesty's  subjects 
dying  or  leaving  property  within  the  limits  of  such  port  as  aforesaid. 
Provided  always,  that  in  all  cases  of  doubt  and  difficulty,  or  of  any 
caveat  being  entered  against  the  grant  of  any  probate  or  administra- 
tion, such  Consul  may,  if  he  thinks  fit,  remit  the  same,  together  with 
all  the  proceedings  therein,  duly  authenticated  for  decis-ion,  to  the  Court 
of  Judicature  at  Hong-Kong  aforesaid  ;  and  in  the  interim  the  said 
Consul  shall  grant  administration  to  such  person  or  persons  of  the 
best  credit  and  repute  within  such  port  as  aforesaid,  as  may  be  willing 
to  accept  the  same  and  give  the  usual  security  ;  and  in  default  thereof 
the  said  Consul  shall,  and  he  is  hereby  required  to  act  as  administrator 
himself,  and  to  take  a  commission  of  2^  per  centum  on  such  property 
as  may  come  to  his  hands,  according  to  the  statute  in  that  case  made 
and  provided. 

9.  And  be  it  further  enacted  and  ordained,  that  such  Consuls  as  afore- 
said, in  the  execution  of  the  powers  given  to  them  by  this  Ordinance, 
shall  in  all  matters  and  things  obey  and  conform  to  such  rules  of  Court 
as  have  received  the  sanction  of  the  Legislative  Council,  and  to  such 
instructions  as  may  from  time  to  time  be  issued  to  them  by  the  Cliief 
Superintendent  of  the  Trade  of  Her  Majesty's  subjects  in  China,  at  the 
instance  or  suggestion  of  the  Chief  Justice  of  the  Supreme  Court  of 
Hong-Kong. 

10.  And  be  it  further  enacted  and  ordained,  that  the  said  Consuls 
shall  take  such  fees  injudicial  proceedings  as  are  now  authorised  to  be 
taken,  or  may  hereafter  from  time  to  time,  with  the  sanction  of  the 
Legislative  Council,  be  fixed  and  allowed  as  the  tarifl:'  or  table  of  fees 
of  the  Supreme  Court  of  Judicature  at  IIong-Kong  aforesaid. 

11.  And  be  it  further  enacted  and  ordained,  that  in  case  any  Judge  of 
the  Supreme  Court  of  Judicature  at  Hong-Kong  shall,  at  the  requi- 
sition of  the  Chief  Superintendent,  come  within  the  limits  of  any  such 
port  as  aforesaid,  the  power,  authority,  and  jurisdiction  hereby  given 
to  the  said  Consul  shall  (as  the  Judge  by  writing  under  his  hand  shall 
order)  either  cease  and  determine  duringt  he  presence  of  such  Judge, 
or  shall  be  exercised  conjointly  with  the  said  Judge,  or  continued  to  be 
possessed  by  the  Consul  alone. 

12.  And  be  it  further  enacted  and  ordained,  that  it  shall  and  may 
be  lawful  for  such  Consul,  or  other  person  acting  as  such,  and  they 
are  hereby  required  to  serve  and  execute  all  writs  and  processes  what- 
soever which  shall  or  may  be  directed  to  them  by  the  Supreme  Court  of 


THE    CONSULAR    DUTIES    IN    CHINA.  255 

JudicatiTre  at  Hong-Kong,  to  be  served  and  executed,  -within  the  limits 
of  their  j-espective  ports  ;  but  such  Consuls,  or  other  persons  acting  as 
such,  shall  not  be  called  upon  to  go  out  of  such  limits  to  serve 
any  such  writ  or  processes  whatever,  any  ordinance  or  law  to  the  con- 
trarj^ notwithstanding;  and  immediately  after  the  service  and  execution 
thereof  such  Consuls,  or  persons  acting  as  such,  shall  make  a  return  to 
the  said  Court  of  what  has  been  done  thereon,  and  such  Consuls,  or 
persons  acting  as  such,  shall  and  may  demand,  take,  and  receive  such 
and  the  like  fees  for  the  service  and  execution  thereof,  as  are  allowed 
to  the  Sheriff"  for  serving  and  executing  the  same  within  the  Colony  of 
Hong-Kong. 

13.  And  be  it  further  enacted  and  ordained,  that  all  the  records, 
processes,  minutes,  and  other  proceedings  of  Her  Majesty's  Consuls, 
or  copies  thereof,  duly  certified  by  such  Consuls,  made  or  issued  in 
pursuance  of  this  Ordinance,  or  any  other  Ordinance  or  Ordinances, 
shall  to  all  intents  and  purposes  be  deemed  and  taken  to  be  records 
of  the  said  Court  of  Judicature  at  Hong-Kong. 

14.  And  be  it  further  enacted  and  ordained,  that  the  word  "Consul," 
in  this  and  all  other  Ordinances,  shall  extend  and  be  applied  as  well  to 
any  Consul  duly  appointed  by  Her  Majesty,  as  to  any  person  who  for 
the  time  being  shall  actually  be  the  Consular  Agent,  in  any  such 
port  or  ports  as  aforesaid. 

(Signed)  J.  F.  Davis, 

Governor,  ^-c. 

Passed  the  Legislative  Council  of  Hong-Kong, 
this  11th  day  of  March,  1847. 

(Signed)  L.  D'Almada  e  Castro, 

Clerk  of  the  Ordinance. 


British   Ordinance,  for  the  Better  Maintenance  of  Order  and 
THE  Repression   of  Crimes  among  British  Subjects  in  China. 

Hong-Kong,  August  12,  1847. 

Anno  Undecimo  Victoriae  Reginae.     (No.  2  of  1847.) 

By  His  Excellency  Sir  John  Francis  Davis,  Bai'onet,  &:c. 

An  Ordinance  for  the  better  maintenance  of  order  among  British 
subjects  residing  in,  or  resorting  to  the  dominions  of  the  Emperor  of 
China,  and  for  the  more  eifectual  repression  of  crimes  committed  by 
British  siibjects  within  the  said  dominions. 


256  THE    CONSULAR    DUTIES    IN    CHINA. 

[August  12,  1847.] 
Whereas  for  the  better  government  of  British  subjects  within  the 
dominions  of  the  Emperor  of  China,  it  has  been  deemed  expedient  to 
adopt  the  pi'ovisions  of  a  late  Order  of  Her  Majesty  in  Council  for 
granting  more  extensive  powers  to  Her  Majesty's  Consular  Officers  in 
the  Ottoman  dominions :  and  whereas  it  is  necessary  to  make  certain 
additions  to  the  Consular  jurisdiction,  conferred  by  Ordinance  No.  7  of 
1844,  for  Her  Majesty's  subjects  within  the  dominions  of  the  Emperor 
of  China,  intituled,  "  An  Ordinance  for  the  better  administration  of 
justice  in  the  Consular  Courts,  and  to  establish  a  Registration  of 
British  subjects  within  the  dominions  of  the  Emperor  of  China. 

1.  Be  it  therefore  enacted  and  ordained  by  His  Excellency  the 
Governor  of  Hong-Kong,  with  the  advice  of  the  Legislative  Coimcil 
thereof,  that  the  above  cited  Ordinance,  No.  7  of  1844,  shall  continue 
to  have  full  force  and  effect,  except  in  so  far  as  the  same  is  opposed 
to  the  provisions  of  the  present  Ordinance. 

2.  And  be  it  further  enacted  and  ordained,  that  in  all  cases  in  which 
parties  shall  be  accused  before  Her  Majesty's  Consuls  or  Vice- 
Consuls,  of  the  crimes  of  arson,  house-breaking,  cutting  or  maiming, 
stabbing,  or  assault  endangering  life,  and  in  which  the  said  Consuls 
or  Vice-Consuls  shall  have  exclusive  jurisdiction,  the  proceedings  in 
the  Consular  Courts  shall  be  conducted  in  the  presence  of  Assessors 
convened  in  the  manner  pointed  out  in  the  aforesaid  Ordinance, 
No.  7  of  1844  ;  and  it  shall  and  may  be  lawful  for  the  Consul  or  Vice- 
Consul,  holding  sucli  Court,  to  order,  that  any  person  Avho  shall  be . 
convicted  in  the  said  Court,  of  any  of  the  crimes  aforesaid,  shall  over 
and  above  any  fine  or  imprisonment  which  may  be  awarded  to  such 
person,  be  sent  out  of  the  dominions  of  the  Emperor  of  China  not- 
withstanding the  crime  laid  to  the  charge  of  such  person  being  the 
first  of  which  he  has  been  convicted  in  a  Consular  Court;  and  all 
the  rules  laid  down  in  the  aforesaid  Ordinance,  No.  7  of  1844,  touching 
Consular  Courts,  held  in  the  presence  of  Assessors,  and  the  expulsion 
of  persons  from  the  dominions  of  the  Emperor  of  China,  shall  con- 
tinue to  be  observed  with  reference  to  the  present  Ordinance. 

3.  And  be  it  further  enacted  and  ordained,  that  whenever  any  British 
subject  shall  be  convicted  for  the  first  time  in  the  Court  of  Her  Ma- 
jesty's Consuls  or  Vice-Consuls  in  the  dominions  of  the  Emperor  of 
China,  for  any  crime  or  misdemeanour  endangering  the  public  peace,  if 
such  British  subject  shall  have  no  establishment  in  the  dominions  of 
the  Emperor  of  China,  nor  any  ostensible  means  of  subsistence,  it  shall 
and  may  be  lawful  for  such  Consul  or Vice-Consul  to  require  such  British 
subject  to  produce  some  one  person  who  will  enter  into  security  for  his 
good  behaviour  after  payment  of  the  fine  imposed  upon  him  or  the 


THE    CONSULAR    DUTIES    IN   CHINA.  257 

expiration  of  the  term  of  imprisonment  awarded  him,  provided 
always  that  the  security  so  required  shall  not  be  excessive  ;  and  in  the 
event  of  any  British  subject  so  convicted  being  unable  to  produce 
some  such  person  to  enter  into  the  required  security,  then  and  in  that 
case  it  shall  be  lawful  for  Her  Majesty's  Consul  or  Vice-Consul 
to  send  such  British  subject  out  of  the  Chinese  dominions,  in  the  same 
manner  as  if  he  had  been  twice  convicted. 

4.  And  be  it  further  enacted  and  ordained,  that  it  shall  and  may  be 
lawful  for  any  of  Her  Majesty's  Consuls  or  Vice-Consuls  in  the  do- 
minions of  the  Emperor  of  China,  upon  oath  being  made  before  him 
by  one  or  more  credible  witnesses,  that  there  is  reasonable  ground 
to  apprehend  that  any  British  subject  is  about  to  commit  a  breach 
of  the  public  peace,  to  cause  such  British  subject  to  be  brought  be- 
fore him,  and  to  require  siich  British  subject  to  give  sufficient  security 
to  keep  the  peace ;  or,  in  the  event  of  any  British  subject  being  con- 
victed of  a  breach  of  the  peace,  to  cause  such  British  subject  to  find 
security  for  his  good  behaviour,  after  he  shall  have  undergone  the 
punishment  which  may  have  been  awarded  to  him  in  the  Consular 
Court ;  and  in  the  event  of  any  British  subject  who  may  be  required  as 
aforesaid  to  give  sufficient  security  to  keep  the  peace  or  to  find  security 
for  his  good  behaviour,  being  unable  or  unwilling  to  do  so,  then  and  in 
that  case  it  shall  be  lawful  for  Her  Majesty's  Consul  or  Vice-Consul 
to  send  such  British  subject  out  of  the  Chinese  dominions. 

J.  F.  Davis. 
Passed  the  Legislative  Council  at  Hong-Kong, 
this  12th  day  of  August,  1847. 

L.  D'Almada  e  Castro, 
Clerk  of  Council. 


British  Ordinance,  authorising  Her  Majesty's  Consular  Officers 
IN  China  to  Adjudicate  in  Civil  Actions. — Hong-Kong,  Sep- 
tember 30,  1847. 

Anno  Undecimo  Victorias  Reginaj.     (No.  3  of  1847.) 

By  His  Excellency  Sir  John  Francis  Davis,  Baronet,  &c. 

An  Ordinance  to  authorise  Her  Majesty's  Consular  Officers  to  adju- 
dicate in  civil  actions. 

[September  30,1847.] 
Whereas  it  is  expedient  and  necessary  that  some  provisions   should 
be  made  to  insure  a  prompt  and  steady  administration  of  justice  in 
civil  actions  arising  within  the  dommious  of  the  Emperor  of  China,  and 

2  L 


258  THE    CONSULATl    DUTIES    IN    CHINA. 

whereas  the  present  mode  of  trial  in  the  Supreme  Court  of  Hong-Kong 
ill  cases  in  which  the  causes  of  action  originated  at  a  distance  from 
the  said  island,  has  been  found  to  be  inconvenient  and  onerous  to  the 
suitors  : 

1.  Be  it  therefore  enacted  and  ordained,  that  from  and  after  the  date 
of  this  Ordinance,  Her  Majesty's  Consvils  or  Vice-Consuls  in  China 
shall  possess  jurisdiction,  power,  and  authority  to  adjudicate  upon 
and  determine  in  all  civil  suits  and  actions  whatever  may  be  the  amount 
of  damages  claimed.  Provided  always,  that  the  causes  of  action  shall 
accrue  or  originate  within  the  dominions  of  the  Emperor  of  China. 

2.  And  whereas  it  is  already  provided,  by  Ordinance  No.  1  of  1847, 
that  Her  Majesty's  Consuls  shall  by  themselves  adjudicate  in  all  civil 
suits  or  actions  not  exceeding  the  amount  of  500  dollars  ;  be  it  further 
enacted  and  ordained,  that  in  all  civil  suits  or  actions  above  the  amount 
of  500  dollars,  it  shall  be  lawful  for  any  of  Her  Majesty's  Consuls  or 
Vice-Consuls  to  summon,  in  the  manner  prescribed  by  Ordinance  No. 
7  of  1844,  two  or  not  more  than  four  British  subjects  of  good  repute 
to  sit  with  him  as  Assessors,  to  inqviire,  try,  and  determine  such  civil 
suits  or  actions,  and  to  adjudicate  thereon  with  the  assistance  of  such 
Assessors. 

3.  And  be  it  further  enacted  and  ordained,  that  it  shall  and  may  be 
lawful  for  either  of  the  parties  in  a  civil  sviit  or  action,  who  shall  feel 
himself  aggrieved  by  the  judgment  of  the  said  Consul  or  Vice-Consul 
and  Assessors,  to  appeal  against  the  said  judgment  to  the  Supreme 
Court  of  Hong-Kong  :  provided  always,  that  no  appeal  shall  be  allowed 
in  any  suits  or  actions  in  which  the  damage  shall  not  exceed  500  dollars. 

4.  And  be  it  further  enacted  and  ordained,  that  any  party  who  shall 
appeal  against  the  judgment  of  the  said  Consul  or  Vice-Consul  and 
Assessors  shall,  within  ten  days  after  the  giving  of  such  judgment, 
intimate  in  writing  to  the  said  Consul  or  Vice-ConsTil  his  intention 
so  to  appeal,  with  the  grounds  thereof,  and  after  such  time  no  appeal 
will  be  received ;  and  the  Consul  or  Vice-Consul  shall,  on  receiving 
the  intimation  aforesaid,  transmit  to  the  office  of  the  Chief  Superin- 
tendent of  Trade  of  British  subjects  in  China  at  Hong-Kong,  all  de- 
positions, examinations,  documentary  or  other  evidence,  which  were 
produced  at  the  ti'ial  of  the  case,  together  with  the  judgment  and 
motives  thereof;  which  said  depositions,  examinations,  documentary 
or  other  evidence,  together  with  the  judgment  and  the  motives  thereof, 
shall  be  the  only  documents  or  evidence  used  at  the  hearing  of  the 
appeal  by  the  Supreme  Court ;  and  that  no  evidence  whatever  shall  be 
admissible  on  such  appeal,  save  and  except  such  as  was  actually  given 
at  the  trial  of  the  case  in  the  Court  below. 

5.  And  be  it  further  enacted  and  ordained,  that  in  case  of  appeal,  the 


THE    CONSULAR    DUTIES    IN    CHINA.  259 

appellant  only  shall  enter  into  a  bond  (to  double  the  amount  of  the 
damages  awarded  by  the  Court  below)  with  two  good  and  valid  sureties 
to  prosecute  the  said  appeal  within  six  months  from  the  date  of  the 
judgment,  and  also  for  the  payment  of  the  costs  of  the  said  appeal,  and 
in  default  of  prosecution  of  the  said  appeal  within  the  time  aforesaid 
the  Supreme  Court  shall  dismiss  the  said  appeal  with  costs. 

J.   P\  Davis. 

Passed  the  Legislative  Council  at  Hong-Kong, 
this  30th  day  of  September,  1847. 
L.  D'Almada  e  Castro, 
Cleric  of  Councils. 


Regulations   for   the  Anchoring   of   Shipping. 

Regulations  for  the  anchorage  in  the  Hwang-poo,  set  apart  for  British 
ships  by  his  Excellency  the  Intendant  of  Circuit  for  Soo-chow-foo, 
Sung-keang-foo,  and  Tae-tseang-chow,  in  concert  and  communication 
with  Her  Britannic  Majesty's  Consul  at  Shanghae. 

In  accordance  with  Article  1  of  the  Treaty  of  Nanking  which  pro- 
vides that  the  subjects  of  both  Governments  "  shall  enjoy  full  security 
and  protection  for  their  persons  and  property  within  the  dominions  of 
the  other,"  and  in  order  more  effectively  to  guard  against  accident  or 
collision  and  give  the  required  security  to  British  vessels  loading  and 
discharging  goods  at  Shanghae,  it  has  been  agreed  between  me  the 
Intendant  of  Circuit  and  you  the  Honourable  Consiil,  that  the  an- 
chorage for  British  vessels  to  load  and  unload,  heretofore  extending 
from  the  Soo-chow  creek  to  the  Yang-king-pang,  shall  in  like  manner 
as  the  ground  adjoining,  allotted  for  the  residence  of  British  mer- 
chants, be  subject  to  all  such  regulations  as  may  be  determined  upon 
with  the  aforesaid  object  by  me  the  Intendant  of  Circuit  in  concert  and 
communication  with  you  the  Honourable  Consul. 

In  accordance  with  this  determination  the  following  regulations, 
being  thirteen  in  number,  have  been  fully  considered  and  agreed  upon, 
and  are  now  declared  to  be  in  force  : — 

1.  It  being  necessary  that  a  passage  be  always  preserved  on  the 
east  side  of  the  river  to  afford  free  communication  for  vessels  of  all 
nations,  it  is  clearly  agreed  that  certain  limits  be  laid  down  within  the 
anchorage  for  British  vessels,  viz.  : — To  the  north  by  a  line  drawn 
from  the  north  end  of  the  Battery  (Consulate  Ground)  extending 
across  the  river  due  east  a  distance  of  240  poo  or  1,325  feet  (English) 
from  the  low-water  mark  upon  this  line  :  To  the  south  by  a  similar 


260  THE    CONSULAR   DUTIES   IN   CHINA. 

and  parallel  line  drawn  from  the  north  bank  of  the  Yang-king-pang 
across  the  river,  a  distance  of  309  poo  or  1,700  feet  (English)  from  the 
low-water  mark  thereon.  The  points  at  which  these  lines  terminate 
shaU  have  buoys  moored  over  them,  that  these  anchorage  boundaries 
may  be  clearly  known  to  be  within  a  line  drawn  from  each  buoy  north 
and  south ;  and  it  becomes  imperative  upon  all  vessels  anchoring 
therein  strictly  to  conform  to  these  limits,  and  not  on  any  account  to 
pass  beyond  them,  which  would  obstruct  the  passage. 

2.  A  free  passage  to  the  custom-house  for  cargo-boats,  and  along  the 
west  for  the  towing  of  the  grain  junks,  shall  be  maintained. 

3.  All  vessels  must  be  moored,  as  has  been  heretofore  provided, 
within  the  period  of  two  tides  from  the  time  of  their  arrival  at  the 
anchorage  ;  and  in  no  case  can  a  vessel,  after  she  is  moored,  move  or 
shift  her  berth  without  permission  from  the  British  Consul. 

4.  Whenever  more  than  fifteen  vessels  shall  be  in  this  anchorage  at 
one  time,  it  shall  be  imperative  upon  the  master  or  officer  in  charge 
of  each  vessel  within  the  limits,  to  moor  his  ship  head  and  stern  with 
two  anchors,  to  prevent  collision  in  swinging,  and  to  provide  space  for 
an  increased  number  of  vessels. 

5.  Masters  requiring  to  beach  their  vessels,  for  the  purpose  of  in- 
spection or  repair,  must  apjily  at  the  British  Consulate  for  instructions. 

6.  No  goods  can  be  landed,  shipped,  or  transshipped,  without  the 
proper  chop  from  the  Chinese  authorities,  or  between  sunset  and 
sunrise,  or  Saturday  evening  and  Monday  morning.  In  like  manner 
the  same  regulation  holds  on  all  Chinese  festival  days  as  shall  be  dvily 
notified  by  the  Chinese  authorities  to  the  British  Consul. 

7.  The  discharge  of  fire-arms  from  the  merchant-vessels  in  the 
anchorage  is  strictly  prohibited. 

8.  All  cases  of  death  on  board  a  vessel  in  the  anchorage  shall  be 
reported  at  the  British  Consulate  within  twenty-four  hours,  together 
with  the  best  information  attainable  as  to  the  cause  of  death  in  cases 
of  sudden  demise. 

9.  Seamen  and  persons  belonging  to  the  vessels  in  the  anchorage 
are  not  to  be  permitted  to  go  on  shore  without  a  responsible  officer  in 
charge,  the  masters  being  held  distinctly  responsible  for  the  conduct 
of  their  men  on  shore.  In  the  event  of  any  men  on  liberty  remaining 
on  shore  after  sunset,  the  master  is  required  without  delay  to  send  an 
officer  to  find  and  take  them  on  board,  and  if  he  fail,  to  report  the  same 
at  the  British  Consulate  in  order  that  investigation  may  be  made. 

10.  Accidents  or  violence  occurring  Avithin  the  limits  of  the  an- 
chorage, involving  personal  injury,  loss  of  life,  or  property,  from  the 
collision  of  vessels  or  other  causes,  to  be  reported  at  the  British  Con- 
sulate as  soon  as  practicable,  and  in  cases  of  theft,  or  assault  in  which 


THE    CONSULAK    DUTIES    IN    CHINA.  261 

any  individuals  belonging  to  a  ship  m  the  anchorage  and  Chinese  are 
both  concerned,  a  Chinese,  if  in  the  wrong,  and  there  be  no  officer  of 
his  country  at  hand,  may  be  conveyed  to  the  British  Consul,  who  will 
proceed  to  investigate  the  extent  of  the  offence  and  accordingly  pro- 
ceed against  him.  But  under  no  circumstances  are  the  crews  or 
officers  of  such  ships  to  use  personal  violence  towards  Chinese  for  the 
redress  of  their  grievances. 

11.  In  the  event  of  any  vessels  of  other  nations  desiring  to  anchor 
within  the  limits  above  specified,  no  obstacle  shall  hereafter  be  raised, 
such  vessels  being  subject  during  the  time  to  the  same  Regulations,  in 
like  manner  and  as  fully  as  British  vessels. 

12.  Hereafter  in  all  these  matters  determined  upon  and  in  accord- 
ance with  Treaty,  should  any  corrections  be  requisite,  or  should  it  be 
necessary  to  determine  upon  further  Regulations,  or  should  the 
meaning  not  be  clear,  the  same  must  always  be  consulted  upon  and 
settled  by  the  British  and  Chinese  authorities  in  communication 
together. 

13.  Hereafter,  should  the  British  Consul  discover  any  breach  of  the 
Regulations  above  laid  down,  or  should  any  merchants  or  others  lodge 
information  thereof,  or  should  the  local  authorities  address  the  Consul 
thereon,  the  Consul  must  in  every  case  examine  in  what  way  it  is  a 
breach  of  the  Regulations,  and  whether  it  requires  punishment  or  not, 
and  he  will  adjudicate  and  punish  the  same  in  one  and  the  same  way 
as  for  a  breach  of  the  Treaty  and  Regulations. 

Taoukwang,  27th  year,  2nd  month,  6th  day  (April  4,  1847), 


Government  Notification. — Rates  of  Pilotage. 

His  Excellency  Her  Majesty's  Plenipotentiary,  &c.,  is  pleased  to 
direct  that  the  annexed  rates  of  pilotage  at  the  ports  of  trade,  as 
settled  by  Her  Majesty's  Consul,  be  published  for  general  in- 
formation : — 

Shanghae. — 5  dollars  for  all  vessels,  irrespective  of  tonnage  or  draft 
of  water. 

,  Ningpo.- — 5  dollars  for  each  vessel  from  and  to  Square  Island  ;  10 
dollars  from  and  to  the  Chusan  Islands. 

Foo-cJiow-foo.— 50  cents  for  each  foot  the  vessel  draws  up  to  twelve, 
and  1  dollar  for  every  additional  foot  to  the  Woo-foo-mun  Pass  ;  from 
that  to  the  anchorage  at  Pagoda  Island  50  cents  additional  for  each 
foot :  and  from  thence  to  the  bridge  at  Nantae  25  cents  for  each  foot  ; 
all  exclusive  of  charge  for  tow-boats. 


262  THE   CONSULAR    DUTIES    IN    CHINA. 

Amoy. — No  pilots  needed,  and  none  employed. 

Canton. — 5  cents  per  ton,  and  1    dollar    for   each  bar-boat,   when 
required.  By  Order, 

(Signed)  A.  R.  Johnston. 

Victoria,  Hong-Kong,  March  4,  1847. 


Ordinances  issued  in  the  year   1849  by  the  Authorities 
IN  China. 

No.   1. 

Ordinance  for  the  bettrr  obtaining  of  Evidence  in  the 
Cotisular   Courts. 

Anno  Duodecimo  Victorias  Reginse.     (No.  1  of  1849.) 
By  his  Excellency  Samuel  George  Bonham,  Esq.,  &.-c.,  &c. 

Title.  An  Ordinance  for  the  better  obtaining  of  Evidence  in  the 

Consular  Courts  in  China,  and  to  amend  the  Ordinance  No.  3 
of  1847,  intituled  "  An  Ordinance  to  authorise  Her  Majesty's 
Consular  Officers  to  adjudicate  in  Civil  Actions." 

[June  7,  1849.] 
Preamble.     Whereas  the  attainment  of  proper  evidence  in  the  Consular 
Courts  has  in  some  cases  been  attended  with  difficulty  and 
inconvenience,  or  proved  impracticable  by  reason  of  material 
witnesses  residing  beyond  the  jurisdiction  of  the  Consular 
Court :  and  whereas  also,  by  the  fourth  section  of  the  said 
Ordinance  No.  3  of  1847,  it  is  provided  that  no  evidence 
shall  be  admissible  on  an  appeal  to  the  Supreme  Court  of 
Hong-Kong  from  a  Consular  Court,  save  and  except  such 
evidence  as  was  actv^ally  given  at  the  trial  of  the  case  in  the 
Court  below ;  and  inasmuch  as  it  appears  that  a  party  appel- 
lant or  respondent  may  at  times  be  able,  in  cases  of  appeal, 
to  produce  material  evidence  within  the  colony  and  before 
the  said  Supreme  Court,  which  the  said  parties  had  not  the 
power  of  so  producing  before  such  Consular  Court  on  the 
original  trial : 
Consuls  em-      I.  Be  it  enacted  and  ordained  by  his  Excellency  the  Go- 
fs°surcom°    Aernor  of  Hong-Kong,   with  the  advice   of  the   Legislative 
missions  for  Cq^^jjclI  thereof,  That  whenever  any  civil  case  shall  or  may 

the  exami-  '  ''  •' 

nation  of      be  depending  before  any  of  Her  Majesty's  Consuls  or  Vice- 

witnesses 

within  the     Consuls,  and  that  such  Consul  or  Vice-Consul  shall  deem  it 


THE   CONSULAR   DUTIES    IN    CHINA.  263 

expedient,  it  shall  be  lawful  and  competent  for  any  such  jurisdiction 
Consul  or  Vice-Consul  to  issue  a  commission  for  the  ex- pj-gmeCourt. 
amination  on  interrogatories  of  any  witness  or  witnesses 
resident  within  the  jurisdiction  of  the  Supreme  Court  of 
Hong-Kong :  Provided  always,  that  when  such  witness  or 
witnesses  shall  be  resident  within  the  colony  of  Hong-Kong, 
or  at  any  place  within  the  jurisdiction  of  the  said  Court  not 
being  a  Consular  port,  such  commission  shall  be  directed  to 
two  Justices  of  the  Peace  of  the  said  colony,  whose  names 
shall  be  specified  in  such  commission ;  and  that  when  such 
witness  or  witnesses  shall  be  resident  at  any  one  of  the 
Consular  ports,  then  such  commission  shall  be  directed  to 
the  Consul  or  Vice-Consul  at  such  port,  or  to  the  person 
acting  on  his  behalf;  and  that  all  such  Commissioner  or  Com- 
missioners shall  have  full  power  in  all  cases  to  require  the 
party  or  parties  speeding  such  commission  to  procure  such 
interpreters  and  translators  as  such  Commissioners  shall 
deem  fit  and  proper,  in  order  that  they  the  said  Commis- 
sioners may  transmit  the  evidence  in  English,  in  pursuance 
of  any  such  commission. 

II.  And  be  it  further  enacted  and  ordained,  That  in  the  Means  of 

,        „  ,     .  .  ,  .  -  .         ,      procuring  at- 

event  of  any  person  or  persons  being  resident  withm  the  tendance  of 
said  colony  or  at  any  place  within  the  jurisdiction  of  the  be^ore^Com- 
Supreme  Court,  not  being  a  Consular  port,  and  refusing  to  missioners. 
appear  before  the  said  Commissioner  or  Commissioners  for 
the  purpose  of  examination,  it  shall  and  may  be  lawful  to 
and  for  any  party  in  the  suit  or  action  to  apply  by  petition 
duly  verified  by  affidavit,  to  the  Chief  Justice  of  the  Supreme 
Court  of  Hong-Kong,  to  whom  it  shall  thereupon  be  lawful 
to  make  such  order  or  orders  as  to  him  shall  seem  requisite, 
touching  and  respecting  the  attendance  of  any  such  witness 
or  witnesses  before  such  Commissioner  or  Commissioners  ; 
and  that  in  the  event  of  any  person  or  persons  resident  at 
any  Consular  port  refusing  to  appear  before  the  Consul  or 
Vice-Consul  for  the  purpose  of  examination,  it  shall  be 
lawful  for  the  said  Consul  or  Vice-Consul  to  proceed  against 
the  person  or  persons  so  refusing,  in  the  same  manner  as  if 
such  person  or  persons  had  been  guilty  of  contempt  of  the 
Consular  Court. 

III.  And  be  it  further  enacted  and  ordained,  That  notwith-  Additional 
standing  the  fourth  section  of  the  said  Ordinance  No.  3  of  admitted  on 

1847,  declaring  "  that,"  on  the  hearing  of  an  appeal  by  the  fPP^f''* '^^'i'" 

'  °  '  "  t^r  J  the  Consular 

Supreme  Court,  "  no  evidence  whatever  shall  be  admissible  Courts,  un- 


264 


THE   CONSULAR   DUTIES   IN   CHINA. 


der  certain 
circum- 
stances. 


on  such  appeal,  save  and  except  such  as  was  actually  given 
at  the  trial  of  the  case  in  the  Court  below,"  it  shall  and 
may  henceforth  be  lawful  for  the  said  Supreme  Court,  on  the 
hearing  of  any  appeal  either  now  pending  or  hereafter  to  be 
brought,  to  admit  any  additional  or  further  legal  evidence 
besides  that  adduced  at  the  trial  of  the  case  below,  on  its 
appearing  to  the  said  Supreme  Court,  by  oath  or  affidavit, 
that  the  party  desiring  to  produce  such  additional  evidence 
was  unable  so  to  do  at  the  trial  of  the  case  below,  after  due 
and  reasonable  diligence  and  exertion  on  the  part  of  the 
the  party  so  applying. 

(Signed)  S.  G.  Bon  ham. 

Passed  the  Legislative  Council  of  Hong-Kong, 
this  7th  day  of  June,  1S49. 
L.  D'Almada  e  Castro, 
Clerk  of  Councils. 


No.  2. 

Ordinance  to  Regulate  and  Declare  the  Duties  and  Office  of 
Consular  Agent.* 


Title. 


Preamble. 


Power  to  the 
Consuls  at 
the  respec- 
tive ports  to 
transmit  per- 
sons sen- 
tenced to  im- 
prisonment 
to  the  gaol  at 
Hong-Kong. 


No.  3. 

Ordinance  for  the  safe  and  better  Custody  of  Offenders. 

Anno  Decimo  Tertio  Victoria)  Reginaj.     (No.  3  of  1849.) 

By  his  Excellency  Samuel  George  Bonham,  Esq.,  &c.,  &c. 

An  Ordinance  for  the  safe  and  better  Custody  of  Offenders 
sentenced  to  Imprisonment  by  any  of  the  Consular  Courts  in 
the  dominions  of  the  Emperor  of  China. 

[July  19,  1849.] 
Whereas  the  prisons  at  the  Consular  ports  in  China  are  at 
times  insufficient  for  the  proper  custody  and   for  the  due 
preservation  of  the  health  of  prisoners  : 

I.  Be  it  therefore  enacted  and  ordained  by  his  Excellency 
the  Governor  of  Hong-Kong  and  Chief  Superintendent  of 
the  Trade  of  Her  Majesty's  subjects  in  China,  with  the 
advice  of  the  Legislative  Council  of  Hong-Kong,  That  from 
and  after  the  passing  of  this  Ordinance  it  shall  and  may  be 

*  Repealed  by  Ordinance  No.  4  of  1819. 


THE    CONSULAR    DUTIES    IN    CHINA.  265 

lawful  to  and  for  any  Consul,  Vice-Consul,  or  Consular 
Agent,  having  power  to  pass  sentence  of  imprisonment,  to 
direct  and  order  in  his  or  their  direction  by  such  sentence  or 
judgment,  that  every  such  prisoner  shall  and  may  be  by  the 
first  suitable  opportunity  conveyed  to  Her  Majesty's  gaol  at 
Victoria  in  the  colony  of  Hong-Kong,  there  to  complete  and 
to  undergo  the  period  of  imprisonment  which  may  be 
awarded  against  him  or  them  :  Provided  always  that  such 
Consul,  Vice-Consul,  or  Consular  Agent  shall  and  may  have 
full  power  to  make  and  give  all  necessary  orders  and  direc- 
tions by  such  judgment  or  otherwise  for  the  safe  custody 
and  conveyance  of  such  prisoner  until  he  can  be  so  lodged 
in  the  said  Colonial  gaol. 

II.  And   be   it   further  enacted,   ordained,   and   declared,  indemnity 
That  every  such  Consul,   Vice-Consul,  or  Consular  Agent,  f°i.^p°ev'ious 
who  has  heretofore  sent,  or  caused  to  be  sent,  any  prisoner  "^^^^^  °f  . 

'        •'   r  transmission 

for   custody  to  any  of   the  Colonial  gaols    at  Hong-Kong,  of  offenders. 

shall  be  considered  and  is  hereby  declared  to  be  fully  in- 
demnified from  all  or  any  suit  or  action  at  law  or  otherwise 
for  so  doing. 

(Signed)  S.  G.  Bonham. 

Passed  the  Legislative  Council  of  Hong-Kong, 
this  19th  day  of  July,  1849. 

L.  D'Almada   e  Castro, 
Clerk  of  Councils. 


No.  4. 

Ordinatice  to  Repeal  Ordinance  No.  2  of  1849,  and  make  other 
provisions  in  lieu  thereof. 

^nno  Decimo  Tertio  Victorias  Reginae.    (No.  4  of  1849.) 

By  his  Excellency  Samuel  George  Bonham,  Esq.,  &c. 

An  Ordinance  to  repeal  the  Ordinance  No.  2  of  1849,  in- Title, 
tituled  "  An  Ordinance  to  regulate  and  declare  the  Duties 
and   Office  of   Consular   Agent,"    and  to  make   other  and 
further  provisions  in  lieu  thereof. 

[August  1,  1849.] 
Whereas    certain   inaccuracies    are   contained   in   the   said  Preamble. 
Ordinance  No.  2  of  1849,  and  it  is  expedient  to  repeal  the 

2   M 


266 


THE    CONSULAR    DUTIES    IN    CHINA. 


Ordinance 
No.  2  of  1849 
repealed. 


Provisions 
as  to  Juris- 
diction of 
Consular 
Agents. 


said  Ordinance,  and  to  make  other  and  further  provisions  in 
lien  thereof : 

1 .  Be  it  therefore  enacted  and  ordained  by  his  Excellency 
the  Governor  of  Hong-Kong  and  Chief  Superintendent  of 
the  Trade  of  Her  Majesty's  subjects  in  China,  with  the 
advice  of  the  Legislative  Council  of  Hong-Kong,  that  the 
said  Ordinance  No.  2  of  1849  be  and  the  same  is  hereby 
repealed. 

2.  And  be  it  further  enacted  and  ordained.  That  from  and 
after  the  passing  of  this  Ordinance,  any  person  being  a  Con- 
su^lar  Agent  duly  appointed  or  acting  as  such  Consular 
Agent  vrithin  the  dominions  of  the  Emperor  of  China,  shall, 
at  the  station  where  he  may  be  resident  and  such  parts  ad- 
jacent thereto  as  Her  Majesty's  Consul  at  the  port  to  which 
such  Consular  Agent  may  be  attached  shall  from  time  to 
time  prescribe  in  writing,  possess  and  have,  subject  to  the 
provisoes  and  exceptions  hereinafter  contained,  the  same 
jurisdiction  and  power  as  is  now  or  shall  hereafter  be  vested 
in  Her  Majesty's  said  Consul :  Provided  always  that  it  shall 
be  competent  to  and  for  every  such  Consular  or  Acting  Con- 
sular Agent,  before  or  during  the  hearing  of  any  case  or 
matter  which  may  be  brought  before  him  in  his  official 
capacity  for  trial  or  determination,  to  remit  such  case  or 
matter  for  trial  or  determination  by  the  said  Consul. 

3.  And  be  it  further  enacted  and  ordained,  That  each  and 
every  decision  made  by  such  Consular  or  Acting  Consular 
Agent  may  be  varied  or  set  aside  by  an  appeal  to  Her 
Majesty's  Consul  at  the  port  to  which  such  Consvdar  Agent 
may  be  attached,  except  in  cases  where  the  decision  of  such 
Consular  Agent  shall  not  impose  a  penalty  or  decree  a  pay- 
ment exceeding  twenty-five  dollars,  or  shall  not  subject  any 
person  to  a  period  of  imprisonment  exceeding  ten  days. 

Consul's  de-      4.  And  be  it  further  enacted  and  ordained,  That  in  each 
peai"to°have  and  every  case   of  such  appeal,  the  decision   of  the   aaid 

effect  as  an 
orij^inal  de- 
cision. 


Appeal  to 
the  Consul 
in  certain 
cases. 


Indemnity 
of  Consular 
Agents. 


Consul  shall  be  held  and  deemed  to  be  an  original  decisigu 
or  judgment  of  such  Consul. 

5.  And  be  it  further  enacted  and  ordained,  That  with 
respect  to  all  official  acts  heretofore  done  by  every  such 
Consular  or  Acting  Consular  Agent,  he  and  they  respectively 
shall  be,  and  are  hereby  declared  to  be,  indemnified  for  the 
consequence  or  consequences  of  all  such  acts,  and  to  have 
been  duly  authorized  in  the  execution  of  the  same,  as  fully 
as  if  he  or  they  had  been,  at  the  respective  periods  of  doing 


THE    CONSULAR    DUTIES    IN    CHINA.  267 

such  act  or  acts,  invested  with  the  plenary  powers  now  pos- 
sessed by  Her  Majesty's  Consuls. 

6.  And  for  the  removal  of  doubts  concerning  the  jurisdic-For  the  re- 
tion  of  Consuls,  be  it  further  enacted  and  ordaine^,  That  all  d^u^bts'as  to 
Consuls   shall  at    their  several    and  respective   ports   have*?^^j"™'3i'=- 

.  ^    .  ^  tion  of  Con- 

jurisdiction,  power,  and  authority  over  British  subjects  with-suls. 
in  the  dominions  of  the  Emperor  of  China,  or  within  any  ship, 
or  vessel  at  a  distance  of  not  more  than  one  hundred  miles 
from  the  coast  of  China. 

7.  And  be  it  further  enacted  and  ordained,  That  it  shall  power  to 
and  maybe  lawful  to  and  for  Her  Majesty's  Chief  Super- P';;^„^^^;;P;'j- 
intendent  of  Trade,  by  written  directions  under  his  hand.  Trade  to 

T      .  .     ,.      .  f  ^  """t  juris- 

from  time  to  time  to  limit  any  power  or  jurisdiction  conferred  diction  of 
on  every  such  Consul,  Consular  or  Acting  Consular  Agent?  Agents.' 
by  this  or  any  other  Ordinance  heretofore  passed. 

(Signed)  S.  G.  Bon  ham. 

Passed  the  Legislative  Council  of  Hong-Kong, 
this  1st  day  of  August,  1849. 

L.  D'Almada  e  Castro, 
Clerk  of  Coujicils. 


18  &  19  Vict.  Reg.     Cap.  civ. 
An  Act  for  the  Regulation  of  Chinese  Passenger-Ships. 

Abbreviations:  B.,  British;  C,  Chinese;  C.  P.  S.,  Chinese  Passenger 
Ship ;  B.  S.,  British  Ship ;  B.  P.,  British  Possession. 

[14th  August,  1855.] 
Whereas  abuses  have  occurred  in  conveying  emigrants  from 
ports  in  the  C.  seas  :  and  whereas  it  is  expedient  to  prevent 
such  abuses  :  be  it  enacted  by  the  Queen's  most  Excellent 
Majesty,  by  and  with  the  advice  and  consent  of  the  Lords 
spiritual  and  temporal,  and  Commons,  in  this  present  Parlia- 
ment assembled,  and  by  the  authority  of  the  same,  as  follows  : 

1.  In  the  construction  of  this  Act  the  term  "  C.  P.  S."  shall  Definition  of 
include  every  ship   carrying  from  any  port  in  Hong-Kong,  henfin\\ien-^ 
and  every  B.  ship  carrying  from  any  port  in  China  or  within  t'on^d. 
one  hundred  miles  of  the  coast  thereof,   more  than  20  pas- 
sengers, being  natives  of   Asia ;  the  word  "  colony "  shall 
include  all  Her  Majesty's  possessions  abroad  not  being  under 


268  THE   CONSULAR   DUTIES    IN   CHINA. 

the  Government  of  tlie  East  India  Company ;  the  word 
"  Governor "  shall  signify  the  person  for  the  time  being 
lawfully  administering  the  Government  of  snch  colony  ;  the 
term  "  Legislature  of  Hong-Kong"  shall  signify  the  Governor 
and  Legislative  Council  or  other  legislative  authority  of  the 
same  for  the  time  being;  the  word  "  ship  "  shall  include  all 
sea-going  vessels;  the  terms  "commander"  and  "  master  " 
of  any  ship  shall  include  any  person  for  the  time  being  in 
command  or  charge  of  the  same ;  the  term  "  Emigration 
Officer  "  shall  include  every  person  lawfully  acting  as  emigra- 
tion officer,  immigration  agent,  or  protector  of  emigrants,  and 
every  person  authorized  by  the  Governor  of  any  B.  colony 
to  carry  out  the  provisions  of  this  Act ;  and  the  term  "  B. 
Consul  "  shall  include  every  person  lawfully  exercising  Con- 
sular authority  on  behalf  of  Her  Majesty  in  any  foreign 
port. 
Legislature  2.  It  shall  be  lawful  for  the  Legislature  of  Hong-Kong,  by 
Kong  to  any  Ordinance  to  be  by  them  enacted  for  that  purpose,  to 
make  regu-   make  regulations  respecting  C.  P.  Ss.,  and,  in  the  case  of  B. 

iations  re-  "  i  o  '  ' 

specting       ships,  respecting  the  treatment  of  the  passengers  therein 
ships,  &c.     while  at  sea,  and  until  such  enactment  the  regulations  con- 
tained in  Schedule  (A.)  to  this  Act  annexed  shall  be  in  force  : 
provided  always,   that  no   such   Ordinance  shall  come  into 
operation  until  II cr  Majesty's  confirmation  of  the  same  shall 
have  been  proclaimed  in  Hong-Kong  by  the  (Jovernor  thereof. 
Governor  of      3.  It  shall  be  lawful  for  the  Governor  of  Hong-Kong  to  de- 
to*ded^re"^  clare,  by  proclamation,  for  the  piirposes  of  this  Act  and  of 
length  of      the  said  regulations,  what  shall  be  deemed  to  be  the  dura- 
tion of  the  voyage  of  any  C.  P.  S.,  and  by  such  proclamation 
to  alter  the  scales  of  dietary,  medicines,  and  medical  comforts 
contained  in  the  aforesaid  Schedule  (A.). 
No  c.  P.  s.       4.  No  C.  P.  S.  shall  clear  out  or  proceed  to  sea  on  any 
on  voyage  of  voyage  of  more  than  seven  days' duration  until  the  master 
seveVdays    thereof  shall  have  received  from  an  Emigration  Officer  a  copy 

•without        of  the  aforesaid  regulations,  and  a  certificate  in  the  form  con- 
Emigration       ...        Ill 
OiHcer's  car- tamed  m  Schedule  (B.)  to  tins  Act  annexed,  or  in  such  other 

copy\fref;u-form  as  may  be  prescribed  by  the  said  Legislature,  which 

ifnui^^ond"^  copy    and    certificate,    with  any  documents  to  be  attached 

be  given  to   thereto  (hereinafter  designated  as  emigration  papers),  shall 

be  signed  by  the  said  Emigration  Officer,  nor  until  the  master 

shall,  with  Urn  sufficient  sureties,  to  be  approved  by  the  said 

Emigration  Officer,  have  entered  into  a  joint  and  several  bond 

in  the  sum  of  1000^.  to  Her  Majesty,  her  heirs  and  successors. 


THE    CONSULAR   DUTIES    IX    CHINA.  269 

in  the  form  contained  in  Schedule  (C.)  to  this  Act  annexed,  or 
in  such  other  form  as  shall  be  prescribed  by  the  said  Legis- 
lature. 

5.  The  said  penal  sum  of  1000/.  shall  be  due  and  recover- Penalty  of 
able  notwithstandmg  any  penalty  or  forfeiture  imposed  by  jg,,"  vg^abie 
this  Act  or  by  the  aforesaid  regulations,  and  whether  such 
penalties  or  forfeitures  shall  have  been  sued  for  and  recovered 

or  not. 

6.  It  shall  be  lawful  for  the  Commander  of  any  of  Her  commander 
Majesty's  ships  of  war,  or  for  any  Emigration  Officer,  custom  war''&c  "'^ 
house  officer,  or  B.  Consul,  to  enter  and  search  any  C.  P.  S.  ^^y  search 

-     .  ,  ,  .  .....  slaps,  or 

(being  a  B.  vessel  or  withni  B.  jurisdiction)  so  long  as  such  require  pro- 
ship  shall  have  any  passengers  on  board,  and  for  48  hours  papers" 
afterwards,  and  in  case  such  ship  shall  be  engaged  on  a 
voyage  of  more  than  seven  days'  duration,  to  require  the  pro- 
duction of  the  emigration  papers  of  such  ship,  and  to  examine    - 
all  persons   on   board  of  the   same,   in   order  to  ascertain 
whether  the  provisions  of  this  Act  and  of  the  regulations 
aforesaid  have  been  complied  with  ;  and  any   person  who 
refuses  to  allow,  attempts  to  avoid,  or  obstructs  any  such 
entry,  search,  or  examination,  or  who,  knowingly,  misleads 
or  deceives  any  person  lawfully  making  any  such  search  or 
examination,  or  who,  being  the  master  of  the  ship,  or  having 
the   emigration  papers  in  his  custody,  fails  to  produce   the 
same  when  required  as  aforesaid,  shall  be  deemed  guilty  of 
a  misdemeanour. 

7.  In  case  of  any  neglect  or  refusal  to  comply  with  any  of  penalty  for 
the  provisions  of  this  Act,  or  any  of  the  regulations  afore-  "^s'tcJ^  to 

"  y  J  a  comply  with 

said,  or  to  perform  any  stipulation  in  any  of  the  contracts  regulations, 
made  with  the  passengers,  the  master  of  the  ship  and  any ' 
other  person  who  may  have  been  guilty  of  or  have  aided  or 
abetted  such  neglect  or  refusal  shall  each  be   deemed   for 
each  offence  guilty  of  a  misdemeanour. 

8.  If  any  C.  P.  S.  clears  out  or  proceeds  to  sea  on  any  ship  to  be 
voyage  exceeding  seven  days  in  duration  without  such  emigra- ^"g^^jj"'  ^°^ 
tion  papers  as  aforesaid,   or  if  the  emigration  papers  of  any  without 

■^    '^  .  r    emigration 

C.  P.  S.  are  forged  or  fraudulently  altered,  such  ship  shall,  if  papers,  or  for 
she  is  a  B.  S.,  or  if,  not  being  a  B.  S.,  the  offence  is  commit-  suciTpapers. 
ted  and  the  ship  is  seized  in  Her  Majesty's  dominions,  or  in 
the  territories  of  the  East  India  Company,  be  forfeited  to  Her 
Majesty. 

9.  Every  person  who  commits,  or  aids  or  abets  in  commit-  Penalties  in 
ting  any  act  or  default  by  which  any  C.  P.  S.  may  become  forfeiture. 


270  THE   CONSULAR   DUTIES   IN   CHINA. 

liable  to  forfeiture,  shall  be  liable  to  a  penalty  not  exceeding 
lOOl.  for  each  oifence. 
Mode  of  en-       10.  It  shall  be  lawful  for  any  commissioned  officer  on  full 
leUme!  "^'  V^Y  ii  ^^^  military  or  naval  service  of  Her  Majesty,  or  any 
B.  officer  of  Customs,  or  any  B.  Consul,  to  seize  and  detain 
any  ship  which  has  become  subject  to  forfeiture  as  afore- 
said, and  bring  her  for  adjudication  before  the  High  Court  of 
Admiralty  in  England  or  Ireland,  or  any  Court  having  Admi- 
ralty jurisdiction  in  Her  Majesty's  dominions,  or  in  the  terri- 
tories of  the  East  India  Company,  and  such  Court  may  there- 
upon make  such  order  in  the  case  as  it  thinks  fit,  and  may 
award  such  portion  of  the  proceeds  of  the  sale  of  any  for- 
feited ship  as  it  thinks  right  to  the  officer  bringing  in  the 
same  for  adjudication,  or  to  any  persons  damaged  by  the  act 
or  default  which  has  rendered  the  ship  liable  to  forfeiture. 
Officer  not         H.  No  such  officer  as  aforesaid  shall  be  responsible,  either 
any'se^zure  civilly  or  Criminally,  to  any  person  Avhomsoever,  in  respect 
made  on       gf  the  Seizure  or  detention  of  any  ship  that  has  been  seized 

reasonable  ./  i 

grounds.       or  detained  by  him  in  pursuance  of  the  provisions  herein 
contained,  notwithstanding  that  such  ship  is  not  brought  in 
for  adjudication,  or,  if  so  brought  in,  is  declared  not  to  be 
liable  to  forfeiture,  if  it  is  shown  to  the  satisfaction  of  the 
Judge  or  Court  before  whom  any  trial  relating  to  such  ship 
or  such  seizure  or  detention  is  held  that  there  are  reasonable 
grounds  for  such  seizure  or  detention  ;  but  if  no  such  grounds 
are  shown,  such   Judge   or  Court   may   aAvard   payment  of 
costs  and  damages  to  any  party  aggrieved,  and  make  such 
other  order  in  the  premises  as  he  or  it  thinks  just. 
Fine  may  be      12.  It  shall  be  lawful  for  the  Court  before  Avhich  any  ship 
for  for-"  "^     liable  to  forfeiture  under  this  Act  is  proceeded  against  to 
feiture.         impose  such  a  pecuniary  penaltj^  as  to  the  same  Court  shall 
seem  fit,  in  lieu  of  condemning  the  ship,  and  in  such  case  to 
cause  the  ship  to  be  detained  until  the  penalty  is  paid,  and 
to  cause  any  penalty  so  imposed  to  be  applied  in  the  same 
manner  in  which  the  proceeds  of  the  said  ship,  if  condemned 
and  sold  by  order  of  the  Court,  would  have  been  applicable. 
Mode  of  pro-      13.  All  misdemeanours  and  other  criminal  offences  punish- 
cri!n[na\"      ^^^^  Under  this  Act  shall  be  dealt  with,  tried,  and  judged  of 
cases.  xn  the  same  manner  as  misdemeanours   and  other  offences 

punishable  under  the  Merchant  Shipping  Act,  1854,  and  all 
the  rules  of  law,  practice,  or  evidence  applicable  to  the  last- 
mentioned  misdemeanours  and  offences  shall  be  applicable  to 
misdemeanours  and  other  olfcnces  under  this  Act. 


THE   CONSULAR    DUTIES    IN   CHINA..  271 

14.  Any  Court,  Justice,  or  Magistrate  imposing  any  penalty  Appiic:ition 
under  this  Act  for  which  no  specific  application  is  herein "  ^^"^  "'^^' 
provided  may,  if  it  or  he  thinks  fit,  direct  the  whole  or  any 

part  thereof  to  be  applied  in  compensating  any  person  for 
any  wrong  or  damage  which  he  may  have  sustained  by  the 
act  or  default  in  respect  of  which  such  penalty  is  imposed, 
or  in  or  towards  payment  of  the  expenses  of  the  proceedmgs  ; 
and,  subject  to  such  directions  or  specific  application  as 
aforesaid,  all  penalties  recovered  in  the  United  Kingdom  shall 
be  paid  into  the  receipt  of  Her  Majesty's  Exchequer  in  such 
manner  as  the  Treasury  may  direct,  and  shall  be  carried  to 
and  form  part  of  the  Consolidated  Fund  of  the  United  King- 
dom ;  and  all  penalties  recovered  in  any  B.  P.  shall  be  paid 
over  into  the  public  treasury  of  such  possession,  and  form 
part  of  the  public  revenue  thereof. 

15.  In  any  legal  proceeding  taken  under  this  Act  or  in  re- Written  de- 
spect  of  the  bond  hereinbefore  required,  any  document  pur-co^^,\'°n^," 
portino;  to  be  the  written  declaration  of  any  B.  Consul,  or  of*^"'  ^.'^■<  . 

r  a  ...  prima  facie 

the  commander  of  any  of  Her  Majesty's  ships  of  war,  or  to  evidence. 
be  a  copy  of  the  proceedings  of  any  Court  of  Justice,  shall, 
without  any  proof  of  signature,  be  received  in  evidence,  in 
case  it  shall  appear  that  such  copy  or  declaration,  if  produced 
in  the  United  Kingdom,  was  officially  transmitted  to  one  of 
Her  Majesty's  Principal  Secretaries  of  State,  or,  if  produced 
in  any  colony,  was  officially  transmitted  to  the  Governor 
thereof:  provided  always,  that  no  person  making  such  written 
declaration  as  aforesaid  shall  be  capable  of  receiving  a  share 
of  any  penalty  or  forfeiture  which  shall  be  procured  by  such 
written  declaration. 

16.  This  Act  may  be  cited  for  any  purpose  whatever  under  short  title. 
the  name  of  the  "  Chinese  Passengers  Act,  1855." 

17.  This  Act  shall  come  into  operation  as  soon  as  it  shall  commence- 
have  been  proclaimed  in  Hong-Kong  by  the  Governor  thereof,  ™®"'  °*  '^'^'• 
or,  if  not  so  proclaimed,  on  the   first  day   of  January  next 
ensuing. 


272  THE   CONSULAR   DUTIES   IN   CHINA. 

Schedule  (A.) — Regulations  respecting  C.  P.  Ss. 
Note. — Tlie  wilful  and  fraudulent  breacli  of  any  of  these  regulations  by 
the  person  in  charge  of  any  C.  P.  S.  is  punishable  by  forfeiture  of 
the  ship,  and  every  person  concerned  m  such  breach  is  liable  to  a  fine 
of  one  hundred  pounds  for  each  oifence. 

1.  No  C.  P.  S.  shall  clear  out  or  proceed  to  sea  on  any  voyage  of 
more  than  seven  days'  duration  without  a  certificate  from  an  Emigration 
Officer  ;  and  such  certificate  shall  be  in  the  form  provided  by  the  Chinese 
Passengers  Act,  1855. 

2.  No  Emigration  Officer  shall  be  bound  to  give  such  certificate  in  re- 
spect of  any  C.  P.  S.  till  seven  days  after  receiving  notice  that  the  ship 
is  to  carry  passengers,  and  of  her  destination,  and  of  her  proposed  day 
of  sailing,  nor  unless  there  are  on  board  a  surgeon  and  interpreter,  ap- 
proved by  such  Emigration  Officer. 

3.  After  receiving  such  notice,  the  Emigration  Officer  shall  be  at 
liberty  at  all  times  to  enter  and  inspect  the  ship,  and  the  fittings,  pro- 
visions, and  stores  therein,  and  any  person  impeding  him  in  such  entry 
or  inspection,  or  refusing  to  allow  of  the  same,  shall  be  hable  to  a  fine 
of  not  more  than  one  hundred  pounds  for  each  offence. 

4.  The  Emigration  Officer  shall  not  give  his  certificate  unless  he  shall 
be  satisfied, — 

(1.)  That  the  ship  is  sea-worthy,  and  properly  manned,  equipped, 
fitted,  and  ventilated ;  and  has  not  on  board  any  cargo  likely,  from 
its  quality,  quantity,  or  mode  of  stowage,  to  prejudice  the  health 
or  safety  of  the  passengers  : 

(2.)  That  the  space  appropriated  to  the  passengers  in  the  'tween 
decks   contains   at  the  least  twelve  superficial  and  seventy-two 
cubical  feet  of  space  for  every  adult  on  board ;  that  is  to  say,  for 
every  passenger  above  twelve  years  of  age,  and  for  every  two  pas- 
sengers between  the  ages  of  one  year  and  twelve  years  : 

(3.)  That  a  space  of  five  superficial  feet  per  adult  is  left  clear  on 
the  upper  deck  for  the  use  of  the  passengers  ; 

(4.)  That  provisions,  fuel,  and  water  have  been  placed  on  board, 
of  good  quality,  properly  packed,   and  sufficient  to    supply    the 
passengers  on  board  during  the  declared  duration  of  the  intended 
voyage,  according  to  the  following  scale  : 
Dietary  Scale. 
Rice         .......     lbs.  1  i  per  diem. 

Salted  Provisions— 
Wholly  Pork ;  or 


I  Pork  and  i  Fish ;  or 
i  Pork,  i  Beef,  and  ^  Fish 

Salted  Vegetable  or  Pickles     . 

Water,  Imperial  Quarts 

Firewood  .... 

Tea 


i  do. 

i  do. 

„      3  do. 

lbs.    2  do. 

oz.     i  do. 


THE   CONSULAR   DUTIES    IN   CHINA. 


273 


(5.)  That  medicines  and  medical  comforts  have  been  placed  on 
board  according  to  the  following  scale  : 

Scale  op  Medicines  and  Medical  Comforts; 
For  every  100  Passengers,  and  iu  like  proportion  for  any  greater  or  less  Number. 


Calomel    .... 

3 

oz. 

Senna  Leaves     . 

8     oz. 

Blue  Pill  .... 

2 

Blistering  Plaister 

8      „ 

Rhubarb  Powder 

2 

Sulphur  Sublimed 

16      „ 

Compound  Jalap  Powder  . 

12 

Sulphui-,  Ointment     . 

12      „ 

Ipecacuanha  Powder 

12 

Linseed  Flour   . 

4     lbs. 

Opium      .... 

2 

Country  Soap     . 

24     oz. 

Dover's  Powder 

2 

Castor  Oil           ... 

6  bottles 

Magnesia  .... 

2 

Oil  of  Peppermint 

2     oz. 

Epsom  Salts    . . 

6 

lbs. 

Adhesive  Plaister,  spread  . 

2  yards. 

Chloride  of  Lime 

20 

Simple  Ointment 

16     oz. 

Tartar  Emetic  . 

4  drams. 

Ringworm  Ointment. 

16      „ 

Quinine    .... 

2 

oz. 

Jeremie's  Opiate 

2  oz.phial 

Autimonial  Power    . 

Oi 

» 

Aromatic  Spirits  of  Harts- 

Extract of  Colocynth,  Com- 

horn      .... 

4      „ 

pound   .... 

1 

>f 

Cholera  Pills  in  Phial 

12  drams. 

Carbonate  of  Ammonia     . 

li 

tJ 

Cubebs  Powder 

4     lbs. 

Assafcetida 

1 

Sweet  Spirits  of  Nitre 

16      oz. 

Camphor  .... 

H 

» 

Copaiba      .... 

16      „ 

Camphorated  Liniment     . 

16 

Sulphate  of  Copper    . 

2     „ 

Catechu    .... 

2 

» 

Sulphate  of  Zinc 

1      „ 

Prepared  Chalk 

2 

Lunar  Caustic    . 

4  drams. 

Tincture  of  Opium  . 

8 

!> 

Lime  Juice 

36  quarts. 

Turpentine 

16 

Rum  or  Brandy 

36      „ 

Instrumi 

NTS,    &C. 

1  Set  of  Amputating  and  other 

Sur- 

1  Silver  Catheter. 

gical  Instruments  (if  there  be  any 

1  Spatula. 

Person  on  board  competent  to  use 

1  Dressing  Scissors. 

them). 

1  Infusion  Box. 

1  One  Ounce  Glass  Measure. 

1  Quire  of  Country  Paper. 

1  Minim  Glass  Measm-e. 

1  Penknife. 

1   Pestle  and  Mortar  (Wedgewood). 

2  Metal  Bed  Pans. 

1  Set  of  Weights  and  Scales  (G 

rains 

2  Trusses  for  Hernia,  Right  and  Left. 

in  Box). 

2  Small  Syringes. 

1  Set  of  Common  Splints. 

4  Ounces  prepared  Lint. 

1  Set  of  Bleeding  Lancets 

2  Pieces  Cloth  for  Bandages. 

5.  The  Master  of  any  C.  P.  S.  being  a  B.  S.  and  proceeding  on  a 
voyage  of  more  than  seven  days'  duration  shall,  during  the  whole 
of  the  intended  voyage,  make  issues  of  provisions,  fuel,  and 
water,  according  to  the  aforesaid  Dietary  Scale,  and  shall  not 
make  any  alteration,  except  for  the  manifest  advantage  of  the  pas- 
sengers, in  respect  of  the  space  allotted  to  them  as  aforesaid,  or  in 
respect  of  the  means  of  ventilation,  and  shall  not  ill-use  the  pas- 
sengers, or  require  them  (except  in  case  of  necessity)  to  help  in 
working  the  vessel ;  and  shall  issue  medicines  and  medical  comforts, 
as  shall  be  requisite,  to  the  best  of  his  judgment,  and  shall  call  at 
such  ports  as  may  be  mentioned  in  the  Emigration  Officer's  clearing 
certificate  for  fresh  water  and  other  necessaries  ;  and  shall  carry  them 

2  N 


274  THE  CONSULAR  DUTIES  IN  CHINA. 

without  unnecessary  delay  to  the  destination  to  which  they  have  con- 
tracted to  proceed. 

6.  The  Emigration  Officer  shall  not  give  his  certificate  nntil  he  shall 
have  mustered  the  passengers,  and  have  ascertained  to  the  best  of  his 
power  that  they  understand  whither  they  are  going,  and  comprehend 
the  nature  of  any  contracts  of  service  which  they  have  made  ;  he  shall 
also  take  care  that  a  copy  of  the  form  of  such  contracts,  or  an  abstract 
of  their  substance,  signed  by  himself,  is  appended  to  the  said  certifi- 
cate :  if  any  of  the  passengers  are  in  bad  health,  or  insufficiently  pro- 
vided with  clothing,  or  if  the  contracts  are  unfair,  or  if  there  is  reason 
to  suspect  that  fraud  or  violence  has  been  practised  in  their  collec- 
tion or  embarkation,  he  may  detain  the  ship,  and,  if  he  shall  think  fit, 
may  order  all  or  any  of  the  passengers  to  be  re-landed. 


Schedule  (B.) — Emigration  Officer's  Certificate^  8fc. 

I  hereby  authorize  the  C.  P.  S. 
to  proceed  to  sea  for  the  port  of  in  ; 

and  I  certify  that  the  said  ship  can  legally  carry 

adults,  and  that  there  are  on  board  passengers, 

making  in  all  adults,  viz.,  men, 

women,  male  children,  and 

female  children,  such  children  being  between  the  ages  of  one  and 
twelve  years  ;  that  the  space  set  apart  and  to  be  kept  clear  for  the  use 
of  such  emigrants  is  as  follows  : — On  the  upper  deck, 
superficial  feet,  being  [Jiere  describe  the  space'],  and  in  the  between 
decks  superficial  feet,  being  [here  describe  the  space]  ;  that 

the  ship  is  properly  manned  and  fitted,  and  that  the  means  of  venti- 
lating the  part  of  the  between  decks  appropriated  to  passengers  are  as 
follows  [Jiere  describe  the  means  of  ventilation]  ;  that  the  ship  is  fur- 
nished with  a  proper  quantity  of  good  provisions,  fuel,  and  water  for 
days'  issues  to  the  passengers  according  to  the  *  annexed 
dietary  scale,  and  with  a  proper  quantity  of  medicines,  instruments, 
and  medical  comforts  according  to  the  *  annexed  scale  of  medical 
necessaries  ;  that  I  have  inspected  the  contracts  between  the  emigrants 
and  their  intended  employers  (the  terms  of  which  are  annexed  to  this 
certificate),  and  consider  them  reasonable ;  that  no  fraud  appears  to 
have  been  practised  in  collecting  the  emigrants  ;  and  that  there  are 
on  board  a  surgeon  -i-  [and   Interpreter]  approved  by  me,  and  desig- 

*  These  scales  must  be  those  prescribed  by  the  Regulations  in  Schedule  (A.). 

+  In  case  the  ship  has  been  authorised  to  proceed  without  an  interpreter, 
omit  the  part  between  brackets,  and  add,  "  and  that  the  ship  has  been  autho-    , 
lised  to  proceed  without  an  interpreter." 


THE   CONSULAR   DUTIES   IN   CHINA.  275 

nated  [respectively  and]  , 

[The  master  of  the  ship  is  to  put  into* 

and  for  water  and  fresh  vegetables.] 

(Signed)  , 

Emigration  Officer. 
Dated  this  day  of  18     . 


Schedule  (C.)—Form  of  Bond  to  be  given  by  the  Masters  of  C.  P.  Ss. 

Know  all  men  by  these  presents,  That  we  are  held  and  firmly  bound 
unto  our  Sovereign  Lady  Queen  Victoria,  by  the  grace  of  God  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  Queen,  defender  of  the 
faith,  in  the  sum  of  one  thousand  pounds  of  good  and  lawful  money  of 
Great  Britain,  to  be  paid  to  our  said  Sovereign  Lady  the  Queen,  her 
heirs  and  successors;  to  which  payment,  well  and  truly  to  be  made, 
we  bind  ourselves  and  every  of  us,  jointly  and  severally,  for  and  in 
the  whole,  our  heirs,  executors,  administrators,  and  every  of  them, 
firmly  by  these  presents. 

Sealed  with  our  Seals. 
Dated  this         day  of  18     . 

Whereas  by  the  C.  P.  Act,  1855,  it  is  enacted,  that  before  any 
C.  P.  S.  shall  clear  out  or  proceed  to  sea  on  a  voyage  of  more  than 
seven  days'  computed  duration,  the  master  thereof  shall,  with  two 
sufficient  sureties  to  be  approved  by  an  Emigration  Officer,  enter  into 
a  bond  to  Her  Majesty,  her  heirs  and  successors,  in  the  sum  of  one 
thousand  pounds. 

Now  the  condition  of  this  obligation  is  this,  that  if  (in  respect  of 
the  ship  ,  whereof  is  master)  all  and 

every  of  the  requirements  of  the  said  C.  P.  Act,  and  of  the  regula- 
tions contained  in  Schedule  (A.)  to  the  said  Act  annexed,  or  enacted 
by  the  Legislature  of  Hong-Kong,  shall  be  well  and  truly  observed 
and  performed  [fin  like  manner  as  the  same  ought  to  be  observed 
and  performed  in  case  the  said  ship  were  a  B.  S.,  and  the  said 
a  B.  subject],  then  this  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  effect. 

Signed,  sealed,  and  delivered  by  the  above-bounden 
and  ,  in  the  presence  of 

*  The  part  between  brackets  is  to  be  inserted  or  not,  as  may  be  required, 
t  This  clause  to  be  inserted  only  in  the  case  of  a  foreign  C.  P.  S. 


276 


CHAPTER   VI. 


JUKISDlCTIONj    PRIVILEGES,    AND    IMMUNITIES. 

THE  jurisdiction  of  a  Consul  only  extends  over  tlie  subjects  of  the 
nation  he  is  nominated  by,  either  resident  in,  or  arriving  at,  the  place 
in  which  he  has  been  appomted  to  reside.  In  countries  where  there  are 
Embassies  as  ■well  as  Consulates,  the  jurisdiction  of  the  latter  gene- 
rally only  extends  over  the  seafaring  subjects  of  heruation,  at  the  same 
time  it  watches  over  her  commercial  interests.  That  of  a  Consul- 
General  presides  over  the  Consul,  and  that  of  a  Consul,  in  most  in- 
stances, over  the  Vice-Consuls.  The  Consular  jurisdiction  depends 
more  entirely  into  what  country  the  Consul  may  be  sent.  Thus, 
foreign  Consuls  in  England  have  no  judicial  authority  whatever. 
British  Consuls,  however,  in  most  countries,  have  judicial  power,  and 
consequently  their  jurisdiction  becomes  either  retrenched  or  extended, 
according  to  the  nature  of  the  stipulations  of  the  ratified  treaty.  The 
following  are  those  entered  into  by  Great  Britain,  relating  to  the  Con- 
sular service ;  none,  we  regret  to  say,  being  so  explanatory  and  efficient 
as  they  ought. 


1662 
1716 
1751 
1762 
1816 
1824 
1787 
1827 
1665 
1667 
1751 
1806 
1826 


England  with  Tunis. 


England  and  France. 
,,  „    Brazil. 


„    Spain. 

„    United  States. 
„     Mexico. 


1760^1 

1791  [England and  Morocco. 

1801  J 


1675 

1810 

1825 

1843 

1662^ 

1675 

1694 

1716  I 

1751^ 


„  OttomanPorte. 
„    Portugal. 
„  Rio  de  la  Plate. 
„    Russia, 


„    Tripoli. 


When  the  Consul  is  appointed  he  is  always  provided  with  copies  of 
the  Conventions  with  the  country  he  is  sent  to.  In  regard  to  the  privi- 
leges and  immunities  a  Consul  enjoys,  there  have  always  existed  doubts 
whether  he  may  be  considered  exempt  from  the  civil  jurisdiction  of  the 
state  to  which  he  is  nominated  ;  and  although  many  others  have  laid 
down  to  the  contrary,  still  it  may  be  maintained  and  in  perfect  con- 
foi'mity  with  the  law  of  nations,  that  where  the  regular  exequatur  has 
been  accorded  to  the  Consul,  he  ought  to  be  exempt  from  the  civil  juris- 
diction of  the  state  to  which  he  is  accredited.  By  the  exequatur  the 
sovereign  acknowledges  him  as  the  Consular  representative  of  his 


JURISDICTION,    PRIVILEGES,    AND    IMMUNITIES.  277 

empire,  bearing  her  appointment,  and  protected  by  ber  passport ;  and, 
as  regards  the  nature  of  his  mission,  only  resident  for  a  short  time 
at  the  state.     Under  these  circumstances,  he  ought  to  be  exempt. 

Vattel  says,  1.  iv.,  c.  vi.,  §.  75  :  "Si  ce  prince  envoie  un  agent  avec 
des  lettres  de  creances  et  pour  aifaires  publiques,  I'ageut  est  des-Iors 
ministre  pubhc,  le  tltre  n'y  fait  rien." 

In  many  treaties,  however,  it  has  been  stipulated  to  the  contrary, 
and  they  will  be  found  in  the  Appendix.  The  former  argument  will 
not,  however,  hold  good  if  the  Consul  be  a  merchant  belonging  to  the 
country  ;  as  it  has  been  the  custom  to  nominate  some  Consular  autho- 
rities from  among  the  subjects  of  the  country  in  which  the  other 
Government  wishes  to  have  a  Consular  authority.  Nor  can  it  hold 
valid  when  a  Consul  engages  in  mercantile  pursuits,  for  he  then  renders 
himself  amenable  to  the  laws  of  the  country  he  is  in,  and  by  his  mercan- 
tile transactions  enrols  himself,  as  it  were,  among  the  citizens  of  the 
country.  Engaging  himself  in  siich  pursuits,  it  would  be  unjust  to 
the  mercantile  community  of  the  state  he  was  in,  if  he,  a  merchant 
like  themselves,  enjoyed  privileges  which  they  could  not,  and  which 
might  give  him  power  to  monopolise  many  advantages.  A  Consul 
being  a  native  of  the  country  he  is  sent  out  for,  and  having  his  appoint- 
ment in  order,  is  generally  allowed  to  pass  all  his  luggage  without 
duty  into  the  state  he  is  accredited  to.  During  his  residence,  if  he 
does  not  engage  in  commercial  pursuits,  he  is  exempt  from  all  taxes  ; 
but  the  moment  his  Consular  duties  diverge  into  mercantile  trans- 
actions he  loses  this  privilege.  A  Consul  in  any  other  country  but 
England  has  also  the  privilege  of  calling  in  the  assistance  of  a  guard 
in  any  cases  he  may  require  one  for  the  maintenance  of  discipline,  and 
the  arrest  of  criminals  and  insubordinate  seamen.  In  the  Levant, 
Turkey,  and  China,  much  greater  privileges  are  accorded,  which  have 
been  treated  of  in  the  chapters  relating  to  the  same. 

In  countries  out  of  Europe,  or  where  there  is  no  Embassj^,  the 
Consul  enjoys  the  same  privileges  as  an  Ambassador,  and  is  de  facto 
the  Ambassador  or  representative  of  his  Sovereign,  only  under  another 
name.  He  can  perform  all  acts  of  a  Notary  Public ;  all  deeds  executed 
by  him  being  held  to  be  valid,  and  acknowledged  in  our  Courts  of  Law. 
He  can  attend  all  levees  of  the  Sovereign  after  receiving  his  exequatur, 
and  either  after  having  been  presented  to  the  Sovereign  by  the 
Ambassador,  or  in  his  absence  by  the  Minister  for  Foreign  Affairs. 
The  Consulate  is  generally  considered  as  the  territory  of  the  Power  by 
which  it  is  tenanted,  and  all  deeds,  acts,  and  any  other  documents 
executed  under  the  seal  of  the  Consul  are  valid  in  the  country  from 
which  he  has  been  sent.  At  the  same  time  it  must  be  perfectly  under- 
stood that  all  acts  thus  issued  by  the  Consul  are,  with  a  few  excep- 


278  SALARIES,    FEES,    AND   RANK   OF   CONSULS. 

tions,  not  valid  in  the  country  in  which  he  resides,  except  there  be  a 
special  Convention  to  that  effect.  All  documents,  required  to  be  valid 
before  the  tribunals  of  the  country  he  is  in,  ought  to  be  made  out  by 
the  proper  lawyers  appointed  for  that  purpose ;  for  it  cannot  be 
expected  that  where  a  Consul  is  only  authorised  as  judicial  authority 
for  his  own  country,  that  his  acts  should  be  acknowledged  and 
received  as  legal  instruments  in  the  tribunals  of  the  country  he  is 
accredited  to,  although  his  acts  should  be  respected ;  as  it  might  be 
possible  that  they  could  be  grounded  upon  quite  a  different  lex  merca- 
toria,  and  could  not  therefore  be  taken  in  evidence  against  documents 
perhaps  quite  opposite  in  a  legal  point  of  view,  and  it  would  be  unjust 
to  allow  them  to  be  received. 

In  respect  to  the  special  privileges  a  Consul  enjoys  in  certain 
countries  by  Treaty,  we  have  annexed  an  annotation  of  them  in  the 
list  of  Treaties  at  the  close  of  the  work.  We  will  conclude  this  chapter 
with  an  earnest  wish  that  the  British  Government  will,  by  Treaty, 
endeavour  to  give  their  Consuls  the  same  authority  as  the  French 
have  appointed  by  their  recent  Convention  with  America. 


CHAPTEK   VII. 

SALARIES,  FEES,  AND  RANK  OF  CONSULS. 

IN  the  year  1825  the  British  Government,  after  repeated  representa- 
tions had  been  urged  relating  to  the  inadequate  and  bad  arrange- 
ments previously  made  for  the  payment  of  British  Consuls,  and  after 
committees  had  been  appointed,  deemed  it  expedient  to  bring  in  an 
Act  to  regulate  the  payment  of  salaries  and  allowances  to  British 
Consuls  in  foreign  parts,  and  the  disbursements  at  such  ports  for 
certain  public  *allowances  (6  Geo.  IV.,  cap.  87),  by  which  his  Majesty 
was  authorised,  by  Order  in  Council,  to  regulate  and  appoint  fixed 
salaries  to  British  Consuls-General  and  Consuls,  the  stipends  of  whom 
had  been  formerly  paid  out  of  the  third  class  of  his  Majesty's  Civil 
List.  The  preamble  of  this  Act  goes  on  to  state  that  such  salaries 
shall  be  paid  without  fine  or  deduction,  and  paid  to  them  during  their 
residence  at  the  place  they  are  appointed,  or  on  leave  of  absence  may 
receive  part  or  whole  at  the  King's  pleasure.  That  in  consequence 
of  such  salaries,  Consuls  shall  not  receive  or  take  any  fee  from 
merchant  seamen  or  vessels,  except  in  the  Schedule  annexed,  and  in 
default  shall  forfeit  one  year's  salary,  or  less,  at  His  Majesty's 
pleasure,  and  for  the  second  offence  shall  forfeit  their  appointment. 


SALARIES,    FEES,    AND   RANK   OF   CONSULS.  279 

Sections  VI.  .and  VII.  state,  that  a  Schedule  of  such  fees  shall  be 
exhibited  in  a  conspicuous  place  in  the  Custom  House  and  Consular 
Office,  and  the  penalty  for  refusal  to  any  one  to  inspect  the  same  shall 
be  half  the  salary. 

Section  VIII.  relates  to  Superannuation  allowances  and  rewards. 

Section  X.  Encouragement  for  the  payment  and  support  of  Chapels 
and  Churches. 

Sections  XL,  XII.,  XIII.,  XIV.,  and  XV.  Voluntary  subscriptions 
for  ditto. 

Section  XVI.  repeals  8  Geo.  I.,  c.  17;  9  Geo.  II.,  c.  25  ;  19  Geo.  II,, 
cap.  14;  and  the  54  Geo.  III.,  c.  126. 

Sections  XVII.  and  XVIII.  relate  to  credit,  etc.,  of  Consuls. 

Section  XIX.    Production  of  accomits  before  Parliament. 

Section  XX.  Orders  may  be  administered  by  Consuls. 

Section  XXL   Recovery  of  penalties. 

Section  XXII.  Commencement  of  the  Act,  1st  January,  1826. 

Perhaps  there  was  no  Act  passed  relating  to  the  Consular  service 
so  beneficial  as  one  for  the  regulation  of  their  salaries.  Formerly, 
when  Consuls  were  compelled  to  charge  fees  for  any  small  requirement 
of  a  merchant  vessel,  they  did  not  merely  stop  at  levying  those  laid 
down  in  the  Tariff,  but  for  particular  and  even  ordinary  services  did 
not  scruple  to  mulct  the  merchant  in  any  fee.  This  was  neither  a 
satisfactory  proceeding  for  the  Consul  nor  the  shipowner,  and  it  is  only 
to  be  wondered  that  this  state  of  things  lasted  until  so  recently  as 
1826,  and  then  that  the  Act  was  only  passed  by  severe  pressure  from 
without.  Until  then  the  Parliament  had  not  made  any  inquiry  into 
the  Consular  salaries  worth  noticing,  and  it  cannot  reflect  much  credit 
on  the  British  Assetnhly  that  for  so  long  a  period  no  notice  Avas  taken 
of  the  subject.  In  the  Appendix  is  annexed  the  most  recent  state- 
ment of  the  salaries  of  our  Consular  representatives  abroad.  It  will 
be  necessary  here  again  to  advert  to  a  privilege  prohibited  in  1826, 
but  allowed  again  in  1832,  namely,  that  of  trading  or  engaging  in 
mercantile  pursuits.  The  question  can  only  be  responded  to  in  this 
way,  that  where  the  salaries  of  Consuls  are  not  enough  for  them  to 
support  their  dignity  without  engaging  in  such  pursuits,  they  must 
be  allowed  to  do  so  ;  at  the  same  time  there  cannot  be  any  doubt 
but  that  a  Consular  representative  loses  more  than  half  of  his  autho- 
rity by  doing  so,  and  cannot  but  be  looked  on  with  suspicion  should 
he  be  called  upon  to  arbitrate  in  any  mercantile  question;  for  it  cannot 
but  be  surmised  that  any  person,  however  impartial,  engaging  in  the 
speculation  of  mercantile  affairs,  could  be  quite  free  from  being  drawn 
into  some  bias  by  his  commercial  engagements.  These  are  not  the  only 
circumstances  which  ought  to  preclude  a  Consular  representative  from 


280  SALARIES,    FEES,    AND   RANK   OF   CONSULS. 

engaging  in  these  pursuits  ;  for,  as  stated  in  a  former  chapter,  by- 
doing  so,  he  verges  from  the  superior  into  the  inferior,  and  becomes 
as  the  trader,  amenable  to  the  laws  of  the  country  he  is  in,  thereby 
losing  his  standing,  when  he  appears  as  such  in  judicial  courts,  and 
comes  within  the  civU  jurisdiction  of  the  state,  which,  by  his  not 
mixing  himself  in  trade,  he  might  have  been  excluded  from. 

In  different  countries  these  considerations  have,  or  may  not  have,  so 
much  weight ;  but  in  all,  even  in  the  most  uncivilized,  there  cannot  exist 
a  doubt  but  that  the  act  of  a  Consular  representative  trading  depre- 
ciates him  in  the  eyes  of  the  authorities  and  subjects  of  the  state  he 
resides  in. 

As  regards  rank,  the  Consul-General  is  equal  to  a  Post-Captain  in 
the  Navy,  and  a  Major  in  the  Army.  The  salute,  when  he  visits  a  man- 
of-war,  is  nine  guns.  A  Consul  ranks  with  a  Commander,  and  a  Captain 
in  the  Army ;  salute,  seven  guns.  We  must  treat  here  of  the  right 
of  precedence  between  Consuls  and  Naval  officers,  concerning  which 
many  foolish  and  injurious  disputes  have  arisen.  On  the  arrival  of 
Her  Britannic  Majesty's  vessels  at  foreign  ports,  in  regard  to  the  pay- 
ment of  the  first  visit,  it  is  necessary  to  state  that  whenever  the  Cap- 
tain of  one  of  Her  Britannic  Majesty's  ships  of  war,  being  a  Post- 
Captain,  or  Commodore,  wearing  a  blue  pendant,  shaU  signify  to  the 
Consul,  in  writing,  his  arrival  at  the  port  at  which  the  Consul  resides, 
the  latter  will  take  the  earliest  opportunity  of  waiting  in  person  on 
the  said  Captain,  and  affording  him  such  assistance  as  he  may  require. 
Commanders  of  Her  Majesty's  Navy  will  on  their  arrival  wait  upon 
Her  Britannic  Majesty's  Consuls,  but  they  will  be  waited  upon  by 
Vice-Consuls.  Consuls-General  and  Consuls  will,  in  all  cases,  wait 
upon  Flag  Officers  and  Commanders  wearing  a  red  or  white  pendant, 
without  any  previous  commimicatiou.  The  officers  commanding  Her 
Majesty's  ships  of  war  have  orders  to  furnish  a  boat  to  convey  the 
Consul  on  board  and  to  re-land  him,  on  the  Consul  notifying  his  wish 
to  have  a  boat  so  sent  to  him. — XXIV.   Consular  Instructions,  1845. 


SALARIES,    FEES,    AND    RANK    OF    CONSULS.  281 

6  Geo.  IV.,  cap.  87. 

yin  Act  to  regulate  the  payment  of  Salaries  and  Alloivances  to 
British  Consuls  in  Foreign  Ports,  and  the  Disbursements  at 
such  Ports  for  certain  Public  Purposes. 

Whereas  the  provision  which  hath  been  hitherto  made  for  Preamble, 
the  maintenance   and  support  of  the  Consuls-General  and 
Consuls  appointed  by  His  Majesty  to  reside  within  the  domi- 
nions of  sovereigns  and  foreign  states  in  amity  with  His 
Majesty,  out  of  the  money  applicable  under  the  third  class 
of  His  Majesty's   Civil  List,  as  specified  in   the  schedule 
annexed  to  an  Act  made  in  the  first  year  of  His  Majesty's 
reign,  intituled  "  An  Act  for  the  Support  of  His  Majesty's  i  G.  4.  c.  i. 
Household,  and  for  the  Honour  and  Dignity  of  the  Crown  of 
the  United  Kingdom  of  Great  Britain  and  Ireland,"  is  inade- 
quate to   the  maintenance   and    support   of  such  Consuls- 
General  and  Consuls ;  and  it  is  expedient  to  make  further 
and  due  provision  for  that  purpose  ;  be  it  therefore  enacted 
by  the  King's   most  Excellent   Majesty,   by  and  with   the 
advice  and  consent  of  the  Lords  Spiritual  and  Temporal,  and 
Commons,  in  this  present  Parliament  assembled,  and  by  the 
authority  of  the  same,  That  it  shall  and  may  be  lawful  for  His  Majesty 
His  Majesty,  by  any  Order  or  Orders  to  be  issued  by  and  with  .^fJ^feTlo 
the  advice  of  His  Privy  Council,  to  grant  to  all  or  any  of  the  Consuls. 
Consuls-General  or  Consuls  appointed  by  His  Majesty  to 
reside  within  any   of  the   dominions  of  any  sovereign   or 
foreign  state  or  power  in   amity  with   His   Majesty,   such 
reasonable  salaries  as  to  His  Majesty  shall  seem  meet,  and  by 
and  with  such  advice  as  aforesaid,  from  time  to  time  to  alter, 
increase,  or  diminish  any  such  salaries  or  salary  as  occasion 
may  require. 

2.  And  be  it  further  enacted.  That  such  salaries  shall  be  Terms  on 
issued  and  paid  to  such  Consuls-General  and  Consuls  with-  rieslhaUbe 
out  fee  or  deduction  :  provided  always  that  all  such  salaries  S"^*"'®*^' 
as  aforesaid  be  granted  for  and  during  His  Majesty's  plea- 
sure, and  not  otherwise,  and  be  held  and  enjoyed  by  such 
Consuls-General  and  Consuls  as  aforesaid,  so  long  only  as 
they  shall  be  actually  resident  at  the  places  at  which  they 
may  be  so  appointed  to  reside,  and  discharging  the  duties  of  ' 

svich  their  offices  :  provided  nevertheless,  that  in  case  His  Leave  of  ab- 
Majesty  shall,  by  any  Order  to  be  for  that  purpose  issued  ^^"'^^' 
through  one  of  His  Principal  Secretaries  of  State,  grant  to 

2  o 


282  SALARIES,    FEES,    AND   RANK    OF   CONSULS. 

any  such  Consul-General  or  Consul,  as  aforesaid,  leave  of 

absence  from  the  place  to  Aihich  he  may  be  so  appointed  as 

aforesaid,  such  Consul-General  or  Consul  shall  be  entitled  to 

receive  the  whole,  or  such  part  as  to  His  Majesty  shall  seem 

meet,  of  the  salary  accruing  due  and  payable  during  and  in 

respect  of  such  period  of  absence  as  aforesaid. 

Salaries  so        3.  And  be  it  further  en'acted,  That  the  salaries  so  to  be 

be^UiUeu°of  granted  by  His    Majesty  as  aforesaid,  shall  be  taken  and 

salaries  and  I'eceived  bv  the  said  Consuls-General  and  Consuls  in  lieu  of, 

fees  for-  •' 

merly  paid,    and  as  a  compensation  for,  all  salaries  heretofore  granted  to 

them,  or  any  of  them,  and  all  fees  of  office  and  gratuities 

heretofore  demanded,  received,  or  taken  by  them  of  or  from 

the  masters  or  commanders  of  British  ships  and  vessels,  or 

of  or  from  any  other  persons  or  person,  for  or  in  respect  of 

any  duties  or  services  by  such  Consuls-General  or  Consuls 

done,  performed,  or  rendered,  for  or  to  any  such  masters  or 

From  Jan.' 1,  commanders,  or  other  person  or  persons  as  aforesaid;  and 

suu'no't"o    *^^*  ^'^  such  Consuls-General  or  Consuls  as  aforesaid  shall, 

take,  on  ac-  from  and  after  the  first  day  of  Januarv,  one  thousand  eight 

count  of  ,  •'  .  1     1    /  1 

their  ser-  hundred  and  twenty-six,  be  entitled  for  or  by  reason  or  on 
other' tTa^n  accouiit  of  any  act,  matter,  or  thing  by  him  done  or  performed 
the  fees  here- ^j^  the  execution  of  such  his  office,  or  for  or  on  account  of 

inafternien-  ' 

tioned.         any  seryice  by  him  rendered  to  any  masters  or  commanders 
of  British  ships  or  vessels,  or  to  any  other  person  or  per- 
sons, in  the  execution  of  such  his  office,  to  ask,  demand, 
have,  receive,  or  take  any  fees,  recompense,  gratuity,  com- 
pensation, or  reward,  or  any  sum  or  sums  of  money,  save  as 
hereinafter  is  excepted. 
Certain  fees       4.  Provided  always,  and  be  it  further  enacted,  That  it  shall 
taken,  as      ^^1^1  may  be  lawful  for   all   Consuls-General   and   Consuls 
in^the  Tables  ^PP'-*^'^*'^*^  ^^  ^^^  Majesty,  and  resident  within  the  domi- 
A.  and  B.      nions  of  any  sovereign,   or  any  foreign  state  or  power  in 
annexed.]  .  •  ,      tt-      ,t    ■  ,  ■, 

amity  with   His  Majesty,   to   accept,   take,   and  receive  the 

several  fees  particularly  mentioned  in  the  tables  to  this  pre- 
sent Act  annexed,*  marked  with  the  letters  (A.)  and  (B.),  for 
and  in  respect  or  on  account  of  the  several  matters  and 
things,  and  official  acts  and  deeds  particularly  mentioned  in 
the  said  Schedules  ;  and  that  it  shall  and  may  be  lawful  for 
His  Majesty,  by  any  Order  or  Orders  to  be  by  Him  made,  by 
and  with  the  advice  of  His  Privy  Council,  from  time  to  time, 
as  occasion  may  require,  to  increase   or  diminish,  or  wholly 

■*  Altered  recently  by  Order  in  Council  of  the  Lst  of  May,  1855. 
Vide  page  117. 


SALARIES,  FEES,  AND  RANK  OF  CONSULS.  28.3 

to  abolish,  all  or  any  of  the  fees  aforesaid,  and  to  establish 
and  authorise  the  payment  of  any  greater  or  smaller  or  new 
or  additional  fees  or  fee,  for  or  in  respect  of  the  several  mat- 
ters and  things  mentioned  in  the  said  Schedules,  or  any  of 
them,  or  for  or  in  respect  of  any  other  matters  or  things  or 
matter  or  thing  to  be  by  any  such  Consul-General  or  Consul 
done  or  performed  in  the  execution  of  such  his  office. 

5.  And  belt  further  enacted.  That  in  case  any  Consul-General  Penalty  on 
or  Consul,  appointed  by  His  Majesty,  as  aforesaid,  shall,  by  ^°a"^^in„^®' 
himself  or  deputy,  or  bv  any  person  authorised  thereto  in  his  ™'"^''  '^'^^^. 

^       '  »         ./  i  than  speci- 

behalf,  ask,  demand,  receive,  take,  or  accept,  for  or  by  reason  fied  in  the 

,       „  , ,  ii  •         T.      1  •        1  Schedule,  or 

or  on  account  of  any  matter  or  thmg  by  hnn  done  or  per-  specified  in 
formed  in  the  execution  of  such  his  office,  or  for  or  on  account  counci'l" '" 
or  under  pretence  or  by  reason  of  any  service  or  duty  by  him 
rendered,  done,  or  performed  in  such  his  office  for  any  person 
or  persons  whomsoever,  any  other  or  greater  fee,  reward, 
gratuity,  gift,  or  remuneration,  than  is  mentioned  and  speci- 
fied in  tbe  said  Schedule,  or  than  shall  be  sanctioned  and 
specified  in  or  by  any  sitch  Order  or  Orders  in  Council  as 
aforesaid,  the  person  or  persons  so  offending  shall  forfeit  and 
become  liable  to  pay  to  His  Majesty,  his  heirs,  and  succes- 
sors, any  sum  of  sterling  British  money,  not  exceeding  the 
amount  of  the  salary  of  such  person  for  one  yeai*,  nor  less 
than  the  twelfth  part  of  such  annual  salary,  at  the  discretion 
of  the  Court  in  which  such  penalty  may  be  recovered,  and 
shall  moreover,  upon  a  second  conviction  for  any  such  offence, 
forfeit  such  his  office,  and  for  ever  after  become  incapable  of 
serving  His  Majesty  in  the  same  or  the  like  capacity. 

6.  And  be  it  further  enacted.  That  a  printed  copy  of  the  Tables  of 
tables  of  fees  allowed  by  this  Act,  or  which  may  or  shall  be  fxMbUed' 
sanctioned  or  allowed  by  any  Order  to  be  made  in  pursuance  ^*  custom 

hous'js. 

of  this  Act,  by  His  Majesty  in  Council,  shall  be  exhibited  in 
a  conspicuous  manner,  for  the  inspection  of  all  persons,  in 
the  Custom  house  in  the  port  of  London,  and  in  all  other 
Custom  hovises  in  the  several  ports  and  harbours  of  the 
United  Kingdom  of  Great  Britain  and  Ireland ;  and  that 
printed  copies  thereof  shall,  by  the  Collector  or  other  chief 
officer  of  Customs  in  all  such  ports  and  harbours  as  afore- 
said, be  delivered  gratuitously,  and  without  fee  or  reward,  to 
every  master  or  commander  of  any  ship  and  vessel  clearing 
out  of  any  such  port  or  harbour,  and  demanding  a  copy 
thereof. 

7.  And  be  it  further  enacted,  That   a   copy   of  the  said  Also  at  Con- 

sul's office. 


284  SALARIES,  FEES,  AND  RANK  OF  CONSULS. 

Schedule  or  table  of  fees  to  this  present  Act  annexed,  or 
M'hicli  may  be  established  and  authorised  by  any  such  Order 
or  Orders  in  Council  as  aforesaid,  shall  be  hung  up  and  ex- 
hibited in  a  conspicuous  place  in  the  public  offices  of  all 
Consuls-General  or  Consuls  appointed  by  His  Majesty,  in 
the  foreign  ports  or  places  to  which  they  may  be  so  appointed, 
for  the  inspection  of  all  persons  interested  therein ;  and  any 
Consul-General  or  Consul  omitting  or  neglecting  to  exhibit 
any  such  copy  of  the  said  Schedules  in  such  his  public  office, 
or  refusing  to  permit  the  same  to  be  inspected  by  any  person 
or  persons  interested  therein,  shall  for  every  such  offence 
forfeit  and  pay  a  sum  of  British  sterling  money  not  exceed- 
ing one  half  the  amount  of  the  salary  of  such  person  for  one 
year,  nor  less  than  the  twelfth  part  of  such  annual  salary,  at 
the  discretion  of  the  Court  in  which  such  penalty  may  be 
recovered. 
Allowances  8.  And  whcreas  it  is  expedient  that  His  Majesty  should 
of  superan-  be  enabled  to  grant  to  the  said  Consuls-General  and  Consuls, 
jiuatioii.  appointed  as  aforesaid,  allowances  in  the  nature  of  super- 
annuation or  reward  for  meritorious  public  services,  Be  it 
further  enacted.  That  all  the  clauses,  provisions,  rules,  regu- 
lations, restrictions,  conditions,  and  forfeitures  contained 
and  declared  in  an  Act  passed  in  the  fiftieth  year  of  the 
reign  of  His  late  Majesty  King  George  the  Third,  intituled 
60  G.  3,  c.  117.  "  An  Act  to  direct  that  accounts  of  increase  and  diminution 
of  public  salaries,  pensions,  and  allowances  should  be  annu- 
ally laid  before  Parliament,  and  to  regulate  and  controul  the 
granting  and  paying  of  such  salaries,  pensions,  and  allow- 
ances;" and  in  another  Act  passed  in  the  third  year  of  the 
3G.4.C.  113.  reign  of  His  present  Majesty,  intituled  "  An  Act  to  amend 
an  Act  passed  in  the  fiftieth  year  of  His  late  Majesty,  for 
directing  that  accounts  of  increase  and  diminution  of  public 
salaries,  pensions,  and  allowances  shall  be  annually  laid 
before  Parliament,  and  for  regulating  and  controlling  the 
granting  and  paying  of  such  salaries,  pensions,  and  allow- 
ances ; "  and  in  another  Act  passed  in  the  fifth  year  of  the 
5G.  4.  c.  104.  reign  of  His  present  Majesty,  intituled  "  An  Act  to  amend 
an  Act  of  the  third  year  of  His  present  Majesty,  respecting 
superannuation  allowances,"  shall  be,  and  the  same  are 
hereby,  extended  to  the  said  Consuls-General  and  Consuls, 
so  far  as  such  clauses,  provisoes,  rules,  regulations,  restric- 
tions, conditions,  penalties,  and  forfeitures,  can  be  applied  to 
the  cases  of  such  several  persons  respectively,  as  fully  and 


SALARIES,    FEES,    AND    RANK   OF   CONSULS.  285 

effectually,  to  all  intents  and  purposes,  as  if  the  same  were 
repeated  and  re-enacted  in  tliis  present  Act. 

9.  Provided  always,  and  be  it  further  enacted.  That  if  it  Allowances 
shall  at  any  time  happen,  that  by  reason  of  any  war  which  t "" "fuTh  as 
may  hereafter  arise  between  His  Majesty  and  any  sovereign.  His  Majesty 
or  foreign  state  or  power,  within  the  dominions  of  whom  any  shall  direct, 
such  Cousul-General  or  Consul  as  aforesaid  shall  be  appointed 
to  reside,  he  shall  be  prevented  from  residing,  and  shall  in 
fact  cease  to  reside,  at  the  place  to  which  he  may  be  so 
appointed ;  it  shall  and  may  be  lawfvil  for  His  Majesty,  by 
any  Order  to  be  issued  by  and  with  the  advice  of  His  Privy 
Council,  to  grant  to  any  such  Consul-General  or  Consul, 
who  may  have  served  His  Majesty  in  that  capacity  for  any 
period  not  less  than  three  years,  nor  more  than  ten  years 
next  preceding  the  commencement  of  any  such  war  as 
aforesaid,  a  special  allowance  not  exceeding  the  proportion 
of  their  respective  salaries,  to  which  such  Constds-General 
and  Consuls  would  be  entitled  under  the  provisions  of  the 
said  recited  Act  of  th«  third  year  of  His  present  Majesty's 
reign,  in  case  the  period  of  their  respective  service  had 
exceeded  ten  years,  and  had  not  exceeded  fifteen  years : 
Provided  always,  that  in  case  any  such  Consul-General  or 
Consul  shall  have  served  in  such  his  office  for  the  space  of 
ten  years  and  more,  it  shall  and  may  be  lawful  for  His 
Majesty,  by  any  such  Order  in  Council  as  aforesaid,  to  grant 
to  him  or  them  such  a  proportion  of  his  or  their  respective 
salaries  which  by  the  said  recited  Act  is  authorised  to  be 
granted  as  a  superannuation  allowance,  according  to  the 
several  periods  of  service  exceeding  ten  years,  in  the  said 
Act  of  the  third  year  of  his  present  Majesty's  reign. 

10.  And  whereas  churches  and  chapels  for  the  performance  ProvUion  tor 
of  divine  service,  according  to  the  rites  and  ceremonies  of  ^^^^^"[,5° 
the  united  church  of  England  and  Ireland,  or  of  the  church  ^"f"  diapeis, 

*  '  etc.,  in  fo- 

of  Scotland,  have  been  erected,  and  proper  grounds  have  reign  ports 
been  appropriated  and  set  apart  for  the  interment  of  the  where  a 
dead,  in  divers  foreign  ports  and  places,  and  chaplains  liave^pp^jf^jg^J^ 
been  appointed  for  the  performance  of  divine  service  in  the  and  gain- 
said churches  and  chapels,  and  are  now  resident  in  such  subscrip- 
foreign  ports  and  places;  and  it  is  expedient  to  afford  en- sui"'autho- 
couragement  for  the  support  of  the  churches  and  chapels  so  "^nce^fo^r'^" 
erected  as  aforesaid,  and  to  promote  the  erection  of  other  such  pur- 

.  _  1-1   pose  a  sum 

churches  and  chapels  m  foreign  ports  and  places  to  which  equal  to  the 

His  Majesty's  subjects  may  resort,  and  wherein  they  may  bes^rib^d**" 


286  SALARIES,    FEES,    AND    RANK   OF   CONSULS. 

resident  in  considerable  numbers,  for  tlie  purposes  of  trade 
or  otherwise  ;  Be  it  therefore  enacted.  That  at  any  foreign 
port  or  place  in  which  a  chaplain  is  now,  or  shall  at  any 
future  time  be,  resident  and  regularly  employed  in  the  cele- 
bration of  divine  service,  according  to  the  rites  and  ceremo- 
nies of  the  united  church  of  England  and  Ireland,  or  of  the 
church  of  Scotland,  and  maintained  by  any  voluntary  sub- 
scription or  rate,  levied  among  or  upon  His  Majesty's 
subjects  resorting  to,  or  residing  at  such  foreign  port  or 
place,  or  by  any  rate  or  duty  levied  under  the  authority  of 
any  of  the  Acts  hereinafter  repealed,  it  shall  and  may  be 
laAvful  for  any  Consul-General  or  Consul,  in  obedience  to  any 
order  for  that  purpose  issued  by  His  Majesty  through  one  of 
His  pruicipal  Secretaries  of  State,  to  advance  and  pay  from 
time  to  time,  for  and  towards  the  maintenance  and  support 
of  any  such  chaplain  as  aforesaid,  or  for  and  towards  defray- 
ing the  expences  incident  to  the  due  celebration  of  divine 
service  in  any  such  churches  and  chapels,  or  for  and  towards 
the  maintaining  of  any  such  burial  grounds  as  aforesaid,  or 
for  and  towards  the  interment  of  any  of  His  Majesty's 
subjects  in  any  such  burial  grounds,  any  sum  or  sums  of 
money,  not  exceeding  in  any  one  year  the  amount  of  the  sum 
or  Slims  of  money,  w  hich  during  that  year  may  have  been 
raised  at  such  port  or  place  for  the  said  several  purposes,  or 
any  of  them,  by  any  such  voluntary  subscription  or  rate  as 
aforesaid ;  and  every  such  Consul-General  or  Consul  shall, 
once  in  each  year,  transmit  to  one  of  His  Majesty's  principal 
Secretaries  of  State  an  account  made  up  to  the  thirty-lirst 
day  of  December,  in  the  year  next  preceding,  of  all  the 
sums  of  money  actiiallj'  raised  at  any  such  port  or  place  as 
aforesaid,  for  the  several  purposes  aforesaid,  or  any  of  them, 
by  any  such  voluntary  subscription  or  rate  as  aforesaid,  and 
of  all  sums  of  money  by  him  actually  paid  and  expended  for 
such  purposes,  or  any  of  them,  in  obedience  to  any  such 
Orders  as  aforesaid,  and  which  accounts  shall  by  such  prin- 
cipal Secretary  of  State  be  transmitted  to  the  Lord  High 
Treasurer,  or  the  Commissioners  of  His  Majesty's  treasury  of 
the  United  Kingdom  of  Great  Britain  and  Ireland  for  the 
time  being,  who  shall  give  to  any  such  Consul-General  or 
Consul  as  aforesaid  credit  for  all  sums  of  money  not  exceed- 
ing the  amount  aforesaid,  by  them  disbursed  and  expended 
in  pursuance  of  any  such  Order  as  aforesaid,  for  the  purposes 
before  mentioned,  or  any  of  them. 


SALARIES,    PEES,    AND    RANK   OF   CONSULS.  287 

11.  And  be  it  further  enacted,  That  in  case  any  of  His  where  vo- 
Majesty's  subjects  shall  by  voluntary  subscriptions  among  tribuuons"' 
themselves  raise  and  contribute  such  a  sum  of  money  as  shall  g°gg^ng 
be  requisite  for  defrayina;  one-half  part  of  the  expense  of  di^rches  or 

■  ,       ■  1-    •  11  1  1         1      -n   hospitals,  or 

erecting,  purchasing,  or  hiring  any  church  or  chapel  or  biuid- providing 

ing,  to  be  appropriated  for  the  celebration  of  divine  service,  grounds,  in 

according  to  the  rites  and  ceremonies  of  the  united  church  of^"JP'^^^ 

^  where  Con- 

England  and  Ireland,  or  of  the  church\pf  Scotland,  or  for  suls  are  resi- 

defraying  one-half  part  of  the  expense  of  erecting,  purchasing,  consuls  are 
or  hiring  any  building  to  be  tised  as  a  hospital  for  the^^^^^'^'f  ^'° 
reception  of  His  Majesty's  subjects,  or  for  defraying  one-sumequaito 
half  of  the  expense  of  purchasing  or  hiring  any  ground  to  be  of  such  con- 
used  as  a  place  of  interment  for  His  Majesty's  subjects  at 
any  foreign  port  or  place  wherein  any  Consul-General  or 
Consul  appointed  by  His  Majesty  shall  be  resident,  then  and 
in  any  such  case  it  shall  and  may  be  lawful  for  such  Consul- 
General  "or  Consul,  in  obedience  to  any  Order  to  be  for  that 
purpose  issued  by  His  Majesty  through  one  of  His  principal 
Secretaries  of  State,  to  advance  and  pay,  for  and  towards 
the  purposes  aforesaid,  or  any  of  them,  any  sum  or  sums  of 
money,  not  exceeding  in  the  whole  in  any  one  year  the 
amount  of  the  money  raised  in  that  year  by  any  such  volun- 
tary contribution  as  aforesaid ;  and  every  such  Consul- 
General  or  Consul  as  aforesaid  shall,  in  like  manner,  once  in 
every  year  transmit  to  one  of  His  Majesty's  principal  Secre- 
taries of  State  an  account,  made  up  to  the  thirty-first  day  of 
December,  in  the  year  next  preceding,  of  all  the  sums  of 
money  actually  raised  at  any  such  port  or  place  as  aforesaid, 
for  the  several  purposes  aforesaid,  or  any  of  them,  by  any 
such  A'oluntary  subscription  as  aforesaid,  and  of  all  sums  of 
money  by  him  actually  paid  and  expended  for  such  purposes, 
or  any  of  them,  in  obedience  to  any  such  Orders  as  aforesaid, 
and  which  accounts  shall  by  such  principal  Secretary  of 
State  be  transmitted  to  the  Lord  High  Treasurer,  or  to  the 
Lords  Commissioners  of  His  Majesty's  treasury,  for  the  time 
being,  who  shall  give  to  such  Consuls-General  or  Consuls 
credit  for  all  sums  of  money,  not  exceeding  the  amount 
aforesaid,  by  him  disbursed  and  expended  in  pursuance  of 
any  such  Order  as  aforesaid  for  the  purposes  before  men- 
tioned, or  any  of  them. 

12.  Provided  always,  and  be  it  further  enacted.  That  no  His  Majes- 
such  Order  shall  be  issued  as  aforesaid  through  any  of  His  Jfon^to^be^^' 
Majestv's  principal  Secretaries  of  State,  authorisino;  the  ex-*'''^'^''' 

*■       ^  ^  °  tamed. 


288  SALARIES,    FEES,    AND   RANK   OF   CONSULS. 

penditure  of  money  for  the  erection,  pvircliase,  or  hiring  of 
any  such  new  church,  or  chapel,  or  hospital  as  aforesaid,  or 
for  the  purchase  or  hiring  of  any  such  new  burial  ground  as 
aforesaid,  unless  and  until  such  Consul-General  or  Consul 
shall  first  have  transmitted  to  His  Majesty,  through  one  of 
His  Majesty's  Principal  Secretaries  of  State,  the  plan  of  such 
intended  church  or  chapel,  hospital  or  bui-ial  ground,  with 
an  estimate,  upon  the  oath  of  some  one  or  more  competent 
person  or  persons,  stating  the  probable  expense  of  and 
incident  to  the  erection,  purchase,  or  hiring  of  any  such 
church,  chapel,  hospital,  or  burying  ground  as  aforesaid,  and 
unless  and  until  His  Majesty  shall  have  signified,  through 
one  of  His  said  principal  Secretaries  of  State,  His  approba- 
tion of  the  said  plan  and  estimate  :  Provided  also,  that  no 
money  shall  actually  be  disbursed  by  any  such  Consul- 
General  or  Consul  as  aforesaid,  for  any  of  the  purposes 
aforesaid,  unless  and  u.ntil  the  money  to  be  raised  by  any 
such  voluntary  subscription  as  aforesaid  be  actually  paid  up 
and  invested  in  some  public  or  other  sufficient  security,  in 
the  joint  names  of  such  Consul-General  or  Consuls  and  two 
trustees  appointed  for  that  purpose  by  the  persons  subscrib- 
ing the  same,  or  unless  and  until  two  or  more  such  subscri- 
bers shall  enter  into  good  and  sufficient  security  to  His 
Majesty,  by  bond  or  otherwise,  that  the  amount  of  such 
subscriptions  shall  actually  be  paid  for  the  purposes  afore- 
said, by  a  certain  day  to  be  specified  in  every  such  bond  or 
security,  and  which  bond  or  security  shall  be  preserved  in 
the  office  of  such  Consul-General  or  Consul,  and  shall  by  him 
be  cancelled  and  delivered  back  to  the  parties  entering  into 
the  same,  their  heirs,  executors,  or  administrators,  when  and 
so  soon  as  the  conditions  thereof  shall  be  fully  performed, 
and  satisfied. 
Salaries  to  13.  Provided  also  and  be  it  further  enacted,  That  the 
not  toe xceed ''^'^o^®  Salary  of  any  Chaplain  heretofore  appointed  or  to  be 

the  sums       appointed  to  officiate  in  any  such  church  or  chapel  in  any 
herein  men-     ^  '^  .  "^ 

tioned.  foreign  port  or  place  in  Europe,  shall  not  exceed  in  the 
whole  five  hundred  pounds  by  the  year,  or  in  any  foreign 
port  or  place  not  in  Europe,  eight  hundred  pounds  by  the 
year :  Provided  also,  that  all  svich  Chaplains  shall  be 
appointed  to  officiate  as  aforesaid  by  His  Majesty,  through 
one  of  His  principal  Secretaries  of  State,  and  shall  hold  such 
their  offices  for  and  during  His  Majesty's  pleasure,  and  no 
longer. 


SALARIES,    FEES,    AND   RANK   OF   CONSULS.  289 

14.  And  be  it  further  enacted,  That  all  Consuls-General  Meetings  of 
and  Consuls  appomted  by  His  Majesty  to  reside  and  being  to  church", 
resident  at  any  foreign  port  or  place  wherein   any   such  '^ii^P'^is,  etc. 
church  or  chapel,  or  other  place  appropriated  for  the  celebra- 
tion of  divine  worship,  or  hospital,  or  any  such  burial  ground 
as  aforesaid,  hath  heretofore  been   or   shall  hereafter   be 
erected,  purchased,  or  hired,  by  the  aid  of  any  voluntary 
subscription    or  rates   collected  by  or  imposed  upon   His 
Majesty's  subjects,  or  some  person  or  persons  for  that  purpose 
duly  authorised  by  any  writing  under  the  hand  and  seal  of 
any  such  Consul-General  or  Consul,  shall,  once  at  the  least 
in  every  year,  and  more  frequently  if  occasion  shall  require, 
by  public  advertisement,  or  in  such  other  manner  as  may  be 
best  adapted  for  insuring  publicity,  convene  and  summon  a 
meeting  of  all  His  Majesty's  subjects  residing  at  such  foreign 
port  or  place  as  aforesaid,  to  be  holden  at  the  public  office 
of  such  Consul-General  or  Consul,  at  some  time,  not  more 
than  fourteen  daj^s  nor  less  than  seven  days  next  after  the 
publication  of  any  such  summons ;  and  it  shall  and  may  be 
lawful  for  all  His   Majesty's   subjects  residing  or  being  at 
any  such  foreign  port  or  place  as  aforesaid,  at  the  time  of 
any  such  meeting,  and  who  shall  have  subscribed  any  sum 
or  svmis  of  money  not  less  than  twenty  pounds  in  the  whole 
nor  less  than  three  pounds  by  the  year,  for  or  towards  the 
purposes  before-mentioned,  or  any  of  them,  and  have  paid  up 
the  amount  of  such  their  subscriptions,  to  be  present  and 
vote  at  any  such  meetings  ;  and  such  Consuls-General   or 
Consuls  shall  preside  at  all  such  meetings  ;  and  in  the  event 
of  the  absence  of  any  such  Consuls- General  or  Consuls,  the 
subscribers  present  at  any  such  meeting  shall,  before  pro- 
ceeding to  the  despatch  of  business,  nominate  one  of  their 
nmnber  to  preside  at  such  meeting ;  and  all  questions  pro- 
posed by  the  Consul-General,  Consul,  or  person  so  nominated 
as  aforesaid  to  preside  in  his  absence,  at  any  such  meeting, 
shall  be  decided  by  the  votes  of  the  majority  in  number  of 
the  persons  attending  and  being  present  thereat ;  and  in  the 
event  of  the  number  of  such  votes  being  equally  divided,  the 
Consul-General,  Consul,  or  person  so  presiding  in  his  absence 
shall  give  a  casting  vote. 

15.  And  be  it  further  enacted.  That  it  shall  and  may  be  General 
lawful  for  any  such  general  meeting  as  aforesaid  to  make  and  "iay*e"fa- 
establish,  and  from  time  to  time,  as  occasion  may  require,  to  ^'ish  rules 

'  •'         ^  for  the  ma- 

revoke,   alter,   and  render  such  general  rules,   orders,    and  nagemeut  of 

2  P 


290  SALARIES,    FEES,    AND   RANK   OF   CONSULS. 

such  church- regulations,  as  may  appear  to  them  to  he  necessary  for  the 
ject^to  tiie     due  and  proper  use   and  management    of    such   churches, 
the  Consul    chapels,  hospitals,  and  burial  grounds  as  aforesaid,  or  for 
who  shall      the  proper  control  over  and  expenditure  of  the  money  raised 
same  for  His  by  any  such  subscription  as  aforesaid,  or  otherwise  in  rela- 
probaUon!'^"  tiori  to  the  matters  aforesaid,  as  may  be  necessary  for  carry- 
ing into  execution  the  objects  of  this  Act,  so  far  as  relates  to 
those  matters,  or  any  of  them  :  Provided  always,  that  no  such 
rule,  order,  or  regulation  as  aforesaid  shall  be  of  any  force  or 
effect,  unless  or  until  the  same  shall  be  sanctioned  and  ap- 
proved by  the  Consul-General  or  Consul  for  the  time  being, 
appointed  by  His  Majesty  to  reside  and  actually  resident  at 
such  foreign  port  or  place  ;  and  provided  also,  that  the  same 
shall,  by  such  Consul-General  or  Consul,  be  transmitted  by 
the  first  convenient  opportunity  for  His  Majesty's  approba- 
tion;  and  that  it  shall  and  maybe  lawful  for  His  Majesty, 
by  any  Order  to  be  by  Him  issued  through  one  of  His  prin- 
cipal Secretaries  of  State,  either  to  confirm  or  disallow  any 
such  rules,  orders,  and  regulations,  either  in  the  whole  or  in 
part,  and  to  make  such  amendments  and  alterations  in  or 
additions  to  the  same,   or  any  of  them,  as  to  His  Majesty 
shall  seem  meet,  or  to  suspend  for  any  period  of  time  the 
execution  thereof,  or  any  of  them,  or  otherwise  to  direct  or 
prevent  the  execution  thereof,  or  any  of  them,  in  such  manner 
as  to  His  Majesty  shall  seem  meet ;  and  all  Orders  so  to  be 
issued  by  His  Majesty,  in  relation  to  the  matters  aforesaid, 
through  one  of  His  principal  Secretaries  of  State,  shall  be 
recorded  in  the  office  of  the  said  Consul-General  or  Consul, 
at  the  foreign  port  or  place  to  which  the  same  may  refer,  and 
shall  be  of  full  force,  effect,  and  authority,  upon  and  over  all 
His  Majesty's  subjects  there  resident. 
Repeal  of  16.  And  whereas  it  is  expedient  that  the  several  Acts  of 

viz.:  'Parliament  hereinafter  mentioned  should  be  repealed ;  Beit 

therefore  enacted.  That  a  certain  Act  of  Parliament  made 
and  passed  in  the  eighth  year  of  the  reign  of  King  George  I., 
s  G.  1,  c.  17.  intituled  "  An  Act  for  more  equal  paying  and  better  collect- 
ing certain  small  sums  therein  mentioned  for  Relief  of  ship- 
wrecked Mariners  ahd  distressed  Persons  (His  Majesty's 
subjects) in  the  Kingdom  of  Portugal,  and  for  other  pious 
and  charitable  Purposes  usually  contributed  to  by  the  Mer- 
chants trading  to  Portugal :  "  and  a  certain  other  Act,  made 
and  passed  in  the  ninth  year  of  the  reign  of  King  George  II., 
9  G.  2,  c  25.  intituled  "  An  'Act  for  the  more  equal  paying  and   better 


SALARIES,  FEES,  AND  RANK  OF  CONSULS.  291 

collecting  certain  small  sums  for  relief  of  shipwrecked  Ma- 
riners and  distressed  Persons  (His  Majesty's  subjects)  in  the 
Port  of  Cadiz  and  Port  of  St.  Mary's,  in  the  Kingdom  of 
Spain,  and  for  other  Uses  usually  contributed  to  by  the 
Merchants  trading  to  the  said  Ports:"  and  a  certain  other 
Act  made  and  passed  in  the  tenth  year  of  the  reign  of  the 
said  King  George  II.,  intituled  "  An  Act  for  collecting  at  the  ioQ.i,c.  ii. 
Port  of  Leghorn  certain  small  Suras  of  Money  to  which  the 
Merchants  trading  there  have  usually  contributed,  for  the 
Relief  of  shipwrecked  Mariners,  Captives,  and  other  distressed 
Persons  (His  Majesty's  subjects),  and  for  other  charitable 
and  public  iises  :  "  and  a  certain  other  Act  made  and  passed  54 G.3,c.i26. 
in  the  fifty-fourth  year  of  His  late  Majesty  King  George  III., 
for  altering  and  extending  the  said  recited  Act  of  the  eighth 
year  of  the  reign  of  King  George  I.,  shall  be  and  the  same 
are  hereby  repealed. 

17.  And  be  it  further  enacted.  That  all  and  every  sum  and  Application 
sums  of  money  which  shall  be  and  remain  in  the  hands  of  raised  under 
any  Collector  or  Treasurer,  or  other  person,  arising  from  any  ^cus  repeal- 
duties  leviable  under  the  several  Act*  hereby  repealed,  or  ed. 

any  of  them,  and  which  shall  not  have  been  applied  to  the 
purposes  or  in  manner  directed  by  the  said  Acts  respectively, 
shall  by  such  Collector,  Treasurer,  or  other  person,  be  paid 
over  to  the  Consul-General,  or  Consul  at  the  port  or  place 
where  the  same  shall  have  been  received;  and  all  and  every 
such  sums  and  sum  which  shall  be  so  paid  and  received  by 
any  such  Consul-General  or  Consul,  and  all  other  arrears  of 
money  arising  from  any  such  duties  which  shall  be  in  the 
hands  of  any  such  Consul-General  or  Consul,  shall  be  paid, 
applied,  and  disposed  of  in  such  manner,  and  to  and  for  such 
public  purposes  as  shall  be  directed  by  any  one  of  His 
Majesty's  principal  Secretaries  of  State. 

18.  And  be  it  further  enacted,  That  all  Consuls-General  Consuls  to 
and  Consuls  shall  be  allowed  and  have  credit  in  any  accounts  foVm"ney 
by  them  rendered,  through  one  of  His  Majesty's  principan'!^'^'"^^'^^^j/^'J 
Secretaries  of  State,  to  the  Lord  High  Treasurer,  or  the  Com-  and  distress- 
missioners  of  His  Majesty's  Treasury  of  the  United  Kingdom"  '^'"^" 

of  Great  Britain  and  Ireland,  for  the  time  being,  for  all  such 
sums  of  money  as  shall  by  any  such  Consul-General  or  Consul 
be  disbursed  and  expended  towards  the  succour  and  relief  of 
Mariners  shipwrecked  and  taken  in  war,  or  other  distressed 
persons  being  subjects  of  His  Majesty,  and  resorting  to  the 
port  or  place  at  which  any  such  Consul-General  or  Consid 


292 


SALARIES,  FEES,  AND  RANK  OF  CONSULS. 


Accounts 
and  esti- 
mates to  be 
laid  before 
Parliament. 


1  G.  4,  c.  1. 


Oaths  may 
be  admini- 
stered by 
Consuls. 


may  be  appointed  to  reside  :  Provided  always,  tliat  sucli 
sums  of  money  be  so  disbursed  and  expended  in  pursuance 
of  and  in  conformity  to  any  special  or  general  rules  and 
regulations  to  be  for  that  purpose  made  and  prescribed  by 
His  Majesty,  by  any  Order  or  Orders  to  be  by  bim  for  that 
purpose  issued,  by  and  with  the  advice  of  His  Privy  Council, 
and  that  an  account  of  the  particulars  of  all  such  expenditure 
shall  by  the  first  convenient  opportunity  be  transmitted  by 
the  Consul-General  or  Consul  for  His  Majesty's  information, 
through  one  of  His  principal  Secretaries  of  State. 

19.  And  be  it  further  enacted,  That  within  six  weeks  next 
after  the  commencement  of  each  session  of  Parliament  there 
shall  be  laid  before  both  houses  of  Parliament  copies  of  all 
Orders  which  may  have  been  made,  since  the  commencement 
of  the  last  preceding  session  of  Parliament,  by  His  Majesty, 
with  the  advice  of  His  Privy  Council,  in  pursuance  of  this 
Act,  together  with  an  account  of  all  salaries  which,  since  the 
commencement  of  such  next  preceding  session  of  Parliament, 
may  have  been  granted  by  His  Majesty  to  any  Consuls- 
General  or  Consuls  fey  virtue  or  in  pursuance  of  this  Act, 
together  with  an  estimate  specifying  the  total  amount  of 
the  money  to  be  required  for  the  payment  of  the  salaries  of 
all  such  Consuls-General  or  Consuls  respectively,  for  one 
year  from  the  fifth  day  of  January  preceding  the  date  of  such 
estimate,  and  also  for  all  contingent  charges  and  expenses 
connected  with  the  public  duties  and  establishments  of  such 
Consuls-General  or  Consuls,  after  deducting  the  amount  pro- 
vided on  account  of  the  payment  of  siich  Consuls-General  or 
Consuls  out  of  the  money  applicable  under  the  third  class  of 
His  Majesty's  Civil  List,  as  specified  in  the  Schedule  annexed 
to  an  Act  made  in  the  first  year  of  His  Majesty's  reign,  in- 
tituled "  An  Act  for  the  support  of  His  Majesty's  Household, 
and  for  the  honour  and  dignity  of  the  Crown  of  the  United 
Kingdom  of  Great  Britain  and  Ireland." 

20.  And  whereas  it  is  expedient  that  every  Consul-General 
or  Consul  appointed  by  His  Majesty  at  any  foreign  port  or 
place  should  in  all  cases  have  the  power  of  administering  an 
oath  or  affirmation  whenever  the  same  shall  be  required,  and 
should  also  have  power  to  do  all  such  notarial  acts  as  any 
Notary  Public  may  do  ;  Be  it  therefore  enacted,  That  from 
and  after  the  passing  of  this  Act  it  shall  and  may  be  lawful 
for  any  and  every  Consul-General  or  Consul  appointed  by 
His  Majesty  at  any  foreign  port  or  place,  whenever  he  shall 


SALARIES,    FEES,    AND    KANK   OF   CONSULS.  293 

be  thereto  required,  and  whenever  he  shall  see  necessary,  to 
administer  at  such  foreign  port  or  place  any  oath,  or  take  any 
affidavit  or  affirmation  from  any  person  or  persons  whom- 
soever ;  and  also  to  do  and  perform  at  such  foreign  port  or 
place,  all  and  every  notarial  acts  and  act  which  any  Notary 
Public  could  or  might  be  required  and  is  by  law  empowered 
to  do  Avithin  the  United  Kingdom  of  Great  Britain  and  Ire- 
land :  and  every  such  oath,  affidavit,  or  affirmation,  and  every 
such  notarial  act,  administered,  sworn,  affirmed,  had,  or  done 
by  or  before  such  Consul-General  or  Consul,  shall  be  as 
good,  valid,  and  effectual,  and  shall  be  of  like  force  and  effect, 
to  all  intents  and  purposes,  as  if  any  such  oath,  affidavit,  or 
affirmation,  or  notarial  act  respectively,  had  been  admini- 
stered, sworn,  affirmed,  had,  or  done,  before  any  Justice  of 
the  Peace  or  Notary  Public  in  any  part  of  the  United  King- 
dom of  Great  Britain  or  Ireland,  or  before  any  other  legal  or 
competent  authority  of  the  like  nature. 

21.  And  be  it  further  enacted,  That  all  penalties  incurred  Recovery  of 
under  or  imposed  by  this  Act  shall  and  may  be  sued  for,  i"^"''"'*-''*- 
prosecuted,  and  recovered  by  any  person  or  persons  who  may 

sue  for  the  same  by  action  of  debt,  bill,  plaint,  or  information 
in  any  of  His  Majesty's  Courts  of  Record  at  Westminster,  in 
the  name  of  His  Majesty's  Attorney-General,  wherein  no 
essoign,  protection,  privilege,  wager  of  law,  or  more  than  one 
imparlance  shall  be  allowed. 

22.  And  be  it  further   enacted,   That  this   Act,  and  thecommence- 
several  clauses,  matters,  and  things  herein  contained,  shall  '"^"'  "^  ^'^^' 
take  effect  from  the  first  day  of  January,  One  thousand  eight 
hundred  and  twenty-six,  except  where  any  other  commence- 
ment is  particularly  directed. 


294 


SALARIES,    PEES,    AND   RANK   OF   CONSULS. 


An  Estimate  of  the  Sum  whicli  will  be  required  to  provide  for  the 
Expense  of  the  Consujlak  Establishments  Abroad,  for  the  Year 
1855,  ending  31st  March,  1856. 


One  Hundired  and  Fifty-seven  Thousand  Six  Hundred  and  Sixty-nine 

Pounds. 


For  Annual  Salaries  to  Consuls- General,  Consuls,  and 
Vice-Cousuls,  as  detailed  in  Paper  (A.)  .... 

For  Contingent  Expenses,  Moiety  of  Expense  for  Chap- 
lains, Chapels,  Hospitals,  and  Burial-grounds  ;  for  In- 
terpreters and  Guards  in  the  Levant,  and  on  the  Coast 
of  Barbary;  for  Expenses  of  Consular  Jurisdiction  in 
the  Levant;  and  for  Relief  to  distressed  British  Sub- 
jects Abroad  (B.)    ........ 

Charges  usually  provided  for  in  this  Estimate 

For  Salaries  and  Expenses  of  the  Consular  Establishments 
at  the  Ports  open  to  Biitish  Trade  m  China,  as  detailed 
in  Paper  (C.) 


Foreign  Office, 
March,  1855. 


1854. 


£ 
103,615 


22,100 


125,715 


31,150 


£    156,865     157,669 


1855. 

£ 
99,910 


25,154 


125,064 


32,605 


(A.) 
Detail  of  Salaries  of  Consuls-General,  Consuls,  and  Vice-Con- 
suls, for  the  Year  1855 — 5G,  ending  the  31st  of  March,  185G. 


1854. 

1855. 

COUNTRY. 

RESIDENC 

SALARY. 

SALARY. 

£ 

£ 

Russia 

St.  Petersbui 

gh     .    Consul 

750 

190 

Archangel 

Ditto 

300 

80 

Riga      . 

Ditto 

500 

130 

Wiborg 

Ditto 

150 

80 

Warsaw 

.    Consul-General     . 

1,000 

— 

Odessa . 

Ditto 

750 



Ditto 

.    Vice-Consul  . 

80 

20 

Ismail  . 

Ditto 

200 

50 

Taganrog 

.    Consul 

200 

50 

Kertch 

.    Vice- Consul , 

200 

50 

Carried  forward    .       £ 

4,130 

i 

650 

SALARIES,    FEES,    AND    RANK   OP   CONSULS. 


295 


1854. 

1855. 

COUNTRY. 

RESIDENCE. 

RANK. 

SALARY. 

SALARY. 

£ 

£ 

Brought  forward             .         .  1 

4,130 

650 

Sweden 

Stockholm    . 

Consul 

500 

500 

Gotteuburgh 

Ditto 

400 

400 

Norway 

Christiana     . 

Consul-General 

600 

600 

Denmark 

Elsinore 

Consul 

700 

700 

Ditto 

Vice-Consul . 

100 

100 

Copenhagen 

Ditto 

150 

150 

St.  Thomas  . 

Consul 

200 

250 

Prusi?ia 

Danzig 

Consul-General 

700 

700 

Memel . 

Vice-Consul  . 

200 

200 

Pillau    . 

Ditto 

50 

100 

Stettin 

Ditto 

50 

100 

Konigsbcrg  . 

Ditto 

60 

60 

Cologne 

Consul . 

100 

100 

Hans  Towns 

Hamburgh    . 

Consul-General     . 

1,500 

1,500 

Ditto 

Vice-Consul  . 

300 

300 

Bremen 

Ditto 

150 

150 

Lubeck 

Ditto 

150 

150 

Cuxhaven     . 

Ditto 

100 

100 

Kiel      . 

Ditto 

75 

Saxony 

Leipzig 

Consul-General 

750 

750 

Frankfort 

Frankfort      . 

Consul 

350 

350 

Netherlands 

Amsterdam  . 

Consul . 

300 

300 

Rotterdam    . 

Ditto 

500 

500 

Flushiiig 

Vice-Consul . 



150 

Middleburg  . 

Ditto 

100 



Batavia 

Consular  Agent     . 

200 

200 

Surabaya 

Ditto 

200 

200 

Samarang 

Ditto 

200 

200 

Belgium 

Antwerp 

Consul . 

500 

500 

Ostend 

Ditto 

300 

300 

France 

Paris 

Ditto 

100 

100 

Dunkirk 

Ditto 

400 

500 

Calais    . 

Ditto 

400 

400 

Boulogne 

Ditto 

400 

400 

Havre  . 

Ditto 

650 

650 

Caen 

Vice-Consul  . 

50 

100 

Cherbourg    . 

Consul  . 

500 

500 

Granville 

Vice-Consul  . 

100 

100 

Brest    . 

Carried  fc 

Consul . 
rward     .         .       £ 

500 

500 

16,640 

113,585 

2yG                       SA-LARIES,    FEES,    AND   RANK    OF   CONSULS. 

1854. 

COUNTRY. 

RESIDENCE. 

RANK. 

SALARY. 

1 

£ 

Brought  forward    . 

16,640 

France 

Nantes 

Consul . 

300 

Charente 

Ditto 

300 

Bordeaux 

Ditto 

450 

Bayonne 

Ditto 

300 

Marseilles 

Ditto 

550 

Toulon 

Vice-Consul . 

50 

Corsica 

Consul  . 

200 

Martinique    . 

Ditto 

100 

Algiei's 

Algiers 

Ditto 

800 

Orau 

Vice-Consul  .      ,  . 

400 

Bona 

Ditto 

100 

Philippeville 

Ditto 

100 

Spain  . 

Madrid 

Consul 

200 

Bilboa  . 

Ditto 

350 

San  Sebastian 

Vice-Consul  . 

100 

Vigo      . 

Consul 

400 

Cadiz    . 

Ditto 

500 

San  Lucar     . 

Vice-Consul  . 

150 

Malaga 

Consul 

300 

Cartbagena  . 

Ditto 

400 

Alicante 

Ditto 

300 

Barcelona 

Ditto 

400 

Mabou  . 

Vice-Consul . 

300 

Tenoriffe 

Consul 

500 

Havanna 

Consul-General 

1,000 

Trinidad 

Vice-Consul  . 

— 

St.  Jago  de  Cuba  . 

Consul 

300 

Porto  Rico    . 

Ditto 

800 

Manilla 

Ditto 

1,000 

Portugal 

Lisbon  . 

Ditto 

600 

Ditto 

Vice-Consul  . 

300 

Loanda 

Ditto 

50 

Oporto 

Consul 

500 

Madeira 

Ditto 

300 

St.  Michael's 

Ditto 

400 

Fayal    . 

Vice-Consul . 

100 

Terceira 

Ditto 

100 

Cape  Verde  Islands 

Consul 

400 

Mozambique 

Ditto 

—    , 

Switzerland 

Geneva 

Ditto 

50 

Sardinia 

Genoa  . 

Ditto 

400 

Nice 

Ditto 

200 

Cagliari 

Ditto 

250 

Carried  forward     .         .        £ 

30,940 

SALARIES,  FEES,  AND  RANK  OF  CONSULS. 


297 


1854. 

1855. 

COUNTRY. 

1           RESIDENCE. 

RANK. 

SALARY 

SALARY. 

1 

£ 

£ 

Brought  forward  . 

.    30,940 

28,885 

Tuscany 

Leghorn 

Consul . 

350 

350 

Roman  States 

Ancona 

Ditto 

350 

350 

Ditto 

Vice-Consul  . 

50 

60 

Two  Sicilies. 

Naples  . 

Consul . 

400 

400 

Ditto 

Vice-Consul . 

100 

100 

Gallipoli 

Ditto 

100 

100 

Otranto 

Ditto 

25 

25 

Palermo 

Consul  . 

400 

400 

Messina 

Ditto 

200 

200 

Austria 

Venice  . 

Consul-General 

700 

700 

Trieste . 

Vice- Consul  . 

100 

100 

Fiume  . 

Ditto 

100 

100 

jreece . 

Patras  . 

Consul . 

700 

700 

Syra      . 

Ditto 

400 

400 

Piraeus  . 

Ditto 

350 

350 

Missolonghi  . 

Vice-Consul  . 

150 

150 

\u-key 

Belgrade 
Bucharest     . 

Consul-General 
Agent  and  Consul- 

800 

800 

. 

General 

900 

900 

Jassy     . 

Consul  . 

700 

700 

Galatz  and  Ibrail  . 

Vice-Consul  . 

250 

250 

Constantinople 

Consul-General 

1,500 

1,500 

Ditto 

Vice-Consul   Can- 

cellier 

400 

400 

Ditto 

Vice-Consul . 

300 

300 

•Ditto 

Physician  and  Sur- 

geon . 

300 

300 

Jedda    . 

Vice-Consul  . 

150 

150 

Dardanelles  .         .  i 

Consul  . 

300 

300 

Enos     . 

Consular  Agent     . 

40 

40 

Salonica 

Consul .     '    . 

350 

350 

Larissa . 

Vice-Consul  . 



250 

Volo      .         .         . 

Ditto 



150 

Monastir        .         .  ! 

Consul  . 

500 

500 

Janina  .         .         .  ! 

Ditto 

550 

550 

Ditto 

Vice-Consul     Can- 

cellier 

150 

150 

Prevesa 

Vice-Consul  . 

70 

70 

Scutari . 

Ditto 

130 

130 

Varna   . 

Consul . 

500 

500 

Brussa  . 

Ditto 

350 

350 

Smyrna 

Ditto 

700 

700 

Ditto 

Vice  -  Consul    Can- 

cellier 

200 

200 

Carried  forward    ,        .       £ 

44,555 

i2,900 

2   Q 

298 


SALARIES,    FEES,    AJ^D   KANK   OF   CONSULS. 


1854. 

1855. 

COUNTRY. 

RESIDENCE. 

RANK. 

SALARY. 

SALARY. 

£ 

£ 

Brought  forward  . 

44,555 

42,900 

Tiii'key 

Smyrna 

Chaplain 

250 

250 

Ditto 

Surgeon 

200 

200 

Adalia  . 

Vice-Consul 

100 

100 

Maori    . 

Ditto 

50 

50 

Rhodes 

Consul  . 

400 

400 

Scio 

Vice-Consul 

100 

100 

Mytilene 

Ditto 

200 

200 

Crete     . 

Consul . 

300 

300 

Erzeroom 

Ditto 

600 

600 

Trebizond     . 

Vice-Consul  . 

200 

200 

Diarbekir 

Consul . 

400 

400 

Batoom 

Ditto     . 

250 

350 

Samsoon 

Vice-Consul 

200 

300 

Tarsous 

Ditto 

250 

250 

Moussul 

Ditto 

250 

250 

Damascus 

Consul . 

600 

600 

Aleppo 

Ditto 

500 

500 

Alexaudretta 

Vice-Consul  . 

300 

300 

Beirout 

Consul . 

500 

500 

Ditto 

Vice-Consul 

150 

150 

Jerusalem 

Consul  . 

550 

550 

Caiffa    . 

Vice-Consul 



250 

Jaffa      . 

Consul . 

300   • 

300 

Egypt . 

Egypt   . 

Agent  and  Consul- 

General 

1,800 

1,800 

Alexandria    . 

Consul  . 

600 

600 

Ditto 

Vice-Consul    Cau- 

cellier 

300 

300 

Ditto 

Surgeon 

100 

100 

Cairo     . 

Consul . 

400 

400 

Damietta 

Vice-Consul  . 

60 

60 

Suez 

Ditto 

200 

200 

Tripoli. 

Tripoli .  *      . 

Consul . 

600 

600 

Ditto 

Vice-Consul  . 

300 

300 

Bengazi 

Ditto 

400 

400 

Mourzouk 

Ditto 

200 

200 

Ghadames     . 

Ditto 

200 

200 

Tuuis  . 

Tunis    . 

Agent  and  Cousul- 

General 

1,600 

1,600 

Ditto 

Vice-Consul . 

450 

450 

Susa      .         . 

Ditto 

300 

300 

Morocco 

Tangier 

Agent  and  Cousul- 

General 

1,600 

1,600 

Ditto 

Vice-Consul  . 

350 

350 

Mogador 

Ditto 

100 
60,765 

100 

Carried  forward      .         .       £ 

59,760 

SALARIES,    FEES,    AND    RANK    OF    CONSULS. 


299 


1854. 

1855. 

COUNTRY. 

RESIDENCE. 

RANK. 

SALARY. 

SALARY. 

£ 

£ 

Brought  forward    . 

60,765 

59,760 

Morocco 

Tetuan 

Vice-Consul  . 

100 

100 

Rabat    . 

Ditto 

100 

100 

Persia  . 

Tabreez 

Consul . 

500 

500 

Tehran . 

Ditto 

500 

500 

Asterabad 

Ditto 

500 

500 

Abyssinia     . 

Massoah 

Ditto 

500 

500 

United  States 

Portland 

Ditto 

300 

300 

Boston  . 

Ditto 

200 

200 

New  York     . 

Ditto 

500 

500 

Philadelphia 

Ditto 

500 

500 

Baltimore 

Ditto 

500 

500 

Norfolk 

Ditto 

300 

300 

Charleston     . 

Ditto 

500 

500 

Savannah 

Ditto 

300 

300 

Mobile  . 

Ditto 

450 

450 

New  Orleans 

Ditto 

500 

500 

Galveston 

Ditto 

300 

300 

California 

Ditto 

300 

300 

Cincinatti 

Ditto 

400 

400 

Mexico 

Mexico . 

Ditto 

250 

250 

Vera  Cruz     . 

Ditto 

500 

500 

Tampico 

Ditto 

500 

500 

San  Bias 

Ditto 

300 

300 

Mazatlan 

Vice-Consul  . 

150 

150 

Acapulco 

Consul . 

400 

450 

Guatemala    . 

Guatemala     . 

Consul-General     . 

1,000 

1,000 

Salvador 

Vice-Consul  . 

200 

200 

Nicaragua     . 

Realejo. 

Ditto 

200 

200 

Costa  Rica    . 

San  Jos^ 

Ditto 

200 

200 

Honduras     . 

Ditto 

200 

200 

Mosquito 

Grey  Town    . 

Consul 

600 

600 

Blewfields 

Vice-Consul  . 

200 

200 

Hayti  . 

Port-au-Prince 

Consul-General 

1,200 

1,200 

Ditto 

Vice-Consul  . 

500 

500 

St.  Domingo 

St.  Domingo 

Consul . 

600 

800 

New  Granada 

Bogota  , 

Consul-General 

1,600 

*     

Ditto 

Vice-Consul  . 

400 

400 

Carthagena   . 

Consul . 

1,000 

1,000 

PanamiC 

Ditto 

1,200 

1,200 

Sta.  Martha  . 

Vice-Consul  . 

400 

400 

Rio  Hacha     . 

Carried  fo 

Ditto 
rward      .         .       £ 

300 

300 

79,915 

77,560 

300 


SALARIES,    FEES,    AND   RANK   OF   CONSULS. 


1854. 

1855. 

COUNTRY. 

RESIDEKCE. 

RANK. 

SALARY. 

SALARY. 

£ 

£ 

Brought  forward   . 

79,915 

77,560 

Venezuela    . 

Caraccas 

Consul-General 

1,200 

1,400 

La  Gruaira 

Vice-Consul  . 

200 

200 

Puerto  Cabello 

Ditto 

200 

200 

Maracaibo 

Ditto 

200 

200 

Bolivar 

Ditto 

200 

250 

Equator 

Guayaquil     . 

Consul-General 

1,000 

1,000 

. 

Ditto 

Vice-Consul  . 

200 

200 

Peru    . 

Lima     . 

Consul-General 

1,700 

1,700 

Callao  . 

Consul . 

200 

200 

Islay 

Vice-Consul  . 

500 

500 

Arica     . 

Ditto 

300 

300 

Payt^    . 

Ditto 

100 

100 

Bolivia 

Sucre    . 

Consul-General 

1,200 

1,200 

Chile   . 

St.  Jago 

Ditto          .    .    . 

1,600 

1,600 

- 

Valparaiso     . 

Consul . 

300 

300 

Concepcion  . 

Vice-Consul  . 

250 

250 

Coquimbo 

Consul  . 

300 

300 

Caldera 

Vice-Consul  . 

250 

250 

Bueuos  Ayres 

Buenos  Avres 

Consul-General      . 

1,600 

*   

Ditto    '     . 

Vice-Consul  . 

500 

500 

Rosario 

Ditto 

400 

Paraguay 

Consul 

700 

700 

Monte  Video 

Monte  Video 

Consul-General     . 

1,400 

*    

Ditto 

Vice-Consul . 

500 

500 

Brazil  . 

Rio  de  Janeiro 

Consul 

800 

800 

Maranham    . 

Ditto 

300 

300 

Par^      . 

Ditto 

450 

450 

Pernambuco 

Ditto 

500 

500 

Maceio 

Vice-Consul . 

200 

200 

Paraiba 

Ditto 

200 

200 

Bahia    . 

Consul 

800 

800 

Rio  Grande  do  Sul 

Ditto 

800 

800 

St.  Catherine's 

Ditto 

500 

500 

Sandwich  Islands 

Woahoo 

Consul-General 

800 

1,000 

The    Georgian   or 

Windward     Is- 

lands 

Tahiti  . 

Consul 

500 

500 

Society     or    Lee- 

ward Islands     . 

Raiatea 

Ditto 

500 

500 

Polynesianlslands 

Ditto 

500 

Ditto 

Carried  fo 

Ditto 
rward     .         .       £ 

— 

500 

100,865 

97,160 

SALARIES,    FEES,    AND    RANK    OP    CONSULS. 


301 


1854. 

1855. 

COUNTRY. 

RESIDENCE. 

RANK. 

SALARY. 

SALARY. 

£ 

£ 

Brought  forward    . 

100,865 

97,160 

Navigators'      Is- 

lands 

Samoa  . 

Consul . 

350 

350 

Borneo 

Sarawak 

Commissioner  and 

Consul-General 

500 

500 

Comoro  Islands   . 

Johanna 

Consul 

150 

150 

Sherboro'  Eiver   . 

Sherboro'  Island    . 

Consular-Agent     . 

250 

250 

Liberia 

Monrovia 

Consul 

600 

500 

Bight  of  Benin 

Lagos    . 

Ditto 

500 

500 

Bight  of  Biafra     . 

Fernando  Po 

Ditto 

£ 

500 

500 

100,615 

99,910 

*  The  Salaries  of  the  Consul-Generalships  marked  *  are  transferred  from  the  Vote  for 
Consular  Services  to  the  Charge  for  Salaries  of  Diplomatic  Servants  on  the  Consolidated 
Fund. 


(B.) 

Abstract    of    Estimates   for   Consular    Contingencies,    for   years 
ending  31st  March,  1855  and  1856. 


1854-55. 

1855-56 

1.  Allowances  for  Special  Services,  Outfits,  Journies,  and 

other  Contingencies    ....... 

2.  Allowance  for  Postages 

3.  Moiety  of  Expenses  for  Chapels,  Chaplains,  Building 

New  Churches,  and  Burial-grounds    .... 

4.  Part  Expense  of  Hospitals     ...... 

5.  Interpreters   and  Guards  in  the   Levant,  and  on  the 

Coast  of  Barbary :    Rent  and   Repairs  of    Consular 
and  Chaplain's  Hovtses,  Presents,  and  the  Expense  of 
working  the  Levant  Jurisdiction,  under  Acts  6  Geo. 
4,  c.  33,  and  6  &  7  Vict.,  c.  94 

6.  Pensions  to  aged  British  Subjects,  under  Acts  9  Geo.  2, 

c.  25,  10  Geo.  2,  c.  14,  and  6  Geo.  4,  c.  87  . 

7.  Relief  to  distressed  British  Subjects  Abroad,  under  Act 

6  Geo.  4,  c.  87 

8.  Miscellaneous    Expenses,  including  puixhase    of  Iron 

Houses   for  two  Consulates  on  the  West  Coast  of 
Africa          . 

9.  Temporary  Extra  Allowances  to  meet  additional  Ex- 

penses of  certain  Consuls  near  the  Seat  of  War 

£ 

3,000 

500 

7,500 
200 

5,300 

100 

5,000 

500 

£ 

3,000 

500 

7,500 
200 

5,300 

100 

5,000 

1,554 
2,000 

£ 

22,100 

25,154 

302 


SALARIES,    FEES,    AISTD   RANK   OF   CONSULS. 


(C.) 
Estimate  of  the  sum  required  for  the  Salaries  and  other  Expenses 
connected  with  the  Chief  Superintendency  and  Consulates   in 
China,  for  the  year  ending  31st  March,  185G. 


Hong  KoDg  : 

Chief  Superintendent  of  Trade  . 
Secretary  and  Registrar       .... 

First  Assistant  and  Keeper  of  Records 
Second  Assistant         ..... 

Third  Assistant  ...... 

Fourth  Assistant  ..... 

Chinese  Secretary 

Assistant  Chinese  Secretary 

Seven    Supernumerary   Interpreters   at    2001.    each 

Six  additional  Supernumerary  Interpreters  at  200?. 

each  («)      .   . 
Foui"  Chinese  Writers  or  Linguists 


For  the    j    For  the 
Year  end-  }  Year  end- 
ing 31st    j    ing  31  St 
Mar.,  1855.1  Mar.,  1856. 


£       s.\      £       s. 

4,000     014,000     0 

700     0      700     0 


472  10 
324  0 
270  0 
270  0 
1,000  0 
600     0 

1,400     0 

187  10 


£  9,224     0 


Consulate  at  Canton : 
Consul 
Vice-Consul  at  Canton 

Ditto  at  Whampoa 
Interpreter 
First  Assistant    . 
Second  Assistant 
Three  Chinese  "Writers  or  Linguists 


Consulate  at  Amoy : 

Consul         ...... 

Vice-Consul  ..... 

Interpreter  ..... 

First  Assistant  and  Medical  Attendant 
Second  Assistant  .... 

Two  Chinese  Writers  or  Linguists 


£ 
1,800 
750 
750 
700 
405 
324 
150 


4,879 


(i) 


Consulate  at  Foo-chow-foo : 
Consul 

Vice-Consul  .         .         .         . 

Interpreter  .... 

One  Junior  Assistant  . 
Two  Chinese  Writers  or  Linguists 


1,200 
750 
500 
500 
270 
100 


3,320    3,320 


472  10 
324  0 
270  0 
270  0 
1,000  0 
600  0 

2,600  0 

187  10 

10,424  0 


£ 
1,800 
750 
750 
700 
405 
324 
150 


4,879 


1,200 
750 
500 
500 
270 
100 


800 

500 

270 

40 

1,610 


1,200 
750 
500 
270 
100 

2,820 


(a)  See  annexed  Correspondence. 
(6)  The  Consulate  at  Foo-chow-foo  has  been  re-established,  in  consequence 
of  the  great  increase  of  trade  at  that  Port. 


SALARIES,    FEES,    AND   RANK   OP   CONSULS. 


303 


£ 

For  the 
Year  end- 
ing 3Ist 
Mar.,  1855. 

For  the 
Year  end- 

Mar.,  1856. 

Consiilate  at  Ningpo : 

Vice-Consul 

Interpreter           ...... 

Two  Chinese  Wi-iters  or  Linguists  (a) 

£ 

800 

500 

40 

£ 

800 
500 

80 

1,340 

1,380 

Consulate  at  Shanghai ;                                 * 

Consul         ...         

Vice-Consul         ...... 

Interpreter           ...... 

First  Assistant  and  Medical  Attendant 
Second  Assistant          ..... 

Three  Chinese  Writers  or  Linguists  (6) 

1,500 
750 
800 
500 
324 
170 

1,500 
750 
800 
500 
324 
208 

_ 

£ 

4,044 

4,082 

Recapitulation. 


Superintendency 
Consulate  at  Canton  . 
Consulate  at  Amoy     . 
Consulate  at  Foo-chow-foo 
Consulate  at  Ningpo  . 
Consulate  at  Shauehai 


Total  for  Salaries 

Contingent  Expenses  (c) 

Passage  Money  for  Supernvimerary  Interpreters 

Outfit  to  Sir  John  Bowring 


For  the 
Year  end- 
ing 31st 
Mar.,  1855. 


£ 
9,224 
4,879 
3,320 
1,610 
1,340 
,4,044 


24,417 

5,000' 

400 

1,333 


£  31,150 


For  the 
Year  end- 
ing 31st 
Mar.,  1866. 


£ 

10,424 

4,879 

3,320 

2,820 
1,380 
4,082 


26,905 

5,000 

700 


32,605 


(a)  The  appointment  of  an  additional  Linguist  has  been  sanctioned. 

(b)  This  increase  has  been  sanctioned,  in  consequence  of  the  necessity  of 
securing  the  services  of  a  Linguist  of  a  superior  class  for  the  business  of  the 
Consulate. 

(c)  The  Contingent  Expenses  are  : — 

1.  Wages  for  Public  Servants,  such   as   Porters,  Coolies,  Watchmen, 

Gaolers,  Boatmen,  Police. 

2.  Printing,  Stationery,  Postage,  Messengers. 

3.  Rent  of  Ground  for  Consular  Buildings,  Repairs,  and  Insurance. 

4.  Office  Expenses. 

5.  Chapels  and  Chaplains. 

6.  Outfit  to  Consuls  and  Vice-Consuls. 

7.  Journies  on  Public  Service. 

8.  Allowance  to  St.  Paul's  College,  Hong  Kong,  with  a  view  to  pro- 

moting study  of  Chinese  language. 

9.  Petty  and  Miscellaneous  Expenses. 


APPENDIX. 


2  R 


SECTION     THE     FIRST. 


"  Mark  what  unvaried  laws  preserve  each  state, 
Laws  wise  as  Nature,  and  as  fix'd  as  Fate." 

Pope. 

ABANDONMENT  is  a  term  in  insurance,  where  the  loss  is  not  total, but 
in  which  the  damage  has  become  so  great  that  the  owner  abandons  the 
damaged  property  for  the  benefit  of  the  assurers,  they  paying  him  the 
total  amount  for  which  the  property  is  insured,  against  which  they 
receive  the  balance  recovered  from  the  sale  of  the  things  salved. 

"  This  is  when  the  loss  is  not  total  in  fact,  but  the  subject- 
matter  of  the  insurance  is  in  any  great  jeopardy ;  so  great  as  to 
render  it  improbable  that  there  will  be  any  effectual  recovery  of  it, 
or  has  sustained  such  injury  that  a  discreet  owner  uninsured  would 
not,  looking  at  all  the  circumstances,  repair  it. 

"  In  cases  where  the  law  requires  an  abandonment  in  order  to  make 
a  loss  total,  not  only  the  thing  insured,  or  part  of  it,  is  supposed  to 
exist  in  specie,  but  there  is  a  prospect,  however  remote,  of  its  arriving 
at  its  destination  ;  or,  at  least,  of  its  value  being  in  some  way  affected 
by  the  measures  that  may  be  adopted  for  the  recovery  and  preserva- 
tion of  it. 

"  When  the  insured  is  entitled  to  abandon,  and  thinks  proper  (for  he 
is  in  no  case  obliged)  to  do  so,  he  must  give  notice  of  abandonment 
within  a  reasonable  time.  What  is  a  reasonable  time  may  vary  with 
the  circumstances  of  each  particular  case.  However,  it  is  sufficient  if 
notice  be  given  in  a  reasonable  time  after  the  insured  has  received 
intelligence  of  the  loss,  and  has  had  an  opportunity  of  ascertaining 
the  extent  of  damage. 

"  An  abandonment  cannot  be  partial ;  it  must  be  of  the  whole  thing 
insured.    It  must  also  be  unconditional ;  at  least,  unless  the  under- 


308  APPENDIX. — SECTION   I. 

writers  think  proper  to  accept  a  conditional  one.     It  must  also  be 
express  and  positive.     It  may  be  made  by  parole. 

"  The  effect  of  an  abandonment  is  to  divest  the  property  of  the  thing 
abandoned  out  of  the  insured,  and  vest  it  in  the  assurers,  for  whom 
the  former  becomes  a  trustee.  But  the  assurers,  of  course,  only 
receive  the  balance  which  may  remain  after  deducting  the  necessary 
expenses  incurred  in  the  preservation  of  the  property  abandoned  to 
them."  * 

ADJUDICATION  IN  DISPUTES.— In  many  countries  the  autho- 
rity of  a  Consul  has  been  extended,  in  order  that  he  may  act  judicially 
in  disputes  between  the  subjects  of  the  country  he  represents.  The 
following  States  have  reciprocal  treaties  with  Great  Britain  on  this 
head : 

1662.— 28th  April.         With  Tripoli.     Paragraph  7. 

1670.— 5th  March.  „         „  „  14. 

1676.— 1st  May. 

1721.— 23rd  January. 

1751.— 1st  February. 

1751. — 19th  September. 

1751.— 19th  October. 

1760.— 28th  July. 

1791.— 8th  April. 

1824.— 19th  January. 

1827.— 17th  August. 

1839.— 31st  May. 

AFFIDAVITS  (vide  Oaths).— The  Act  5  &  6  Wm.  4,  c.  62,  was  passed 
for  the  suppression  of  voluntary  and  extra  judicial  affidavits,  and  for 
substituting  declarations  in  lieu  thereof.  Such  declarations  can  be 
made  before  a  Consul,  but  care  must  be  taken  that  they  conclude  in 
the  following  manner :  "  And  I  make  this  solemn  declaration,  con- 
scientiously believing  the  same  to  be  true ;  and  by  virtue  of  an  Act 
passed  in  the  5th  and  6th  year  of  the  reign  of  His  Majesty  King 
William  the  4th,  intituled  '  An  Act  for  the  Suppression  of  Voluntary 
and  Extra-judicial  Affidavits  and  substituting  Declarations  in  lieu 
thereof.' " 

ALIEN  is  one  born  out  of  the  King's  allegiance.  The  privileges  en- 
joyed by  Aliens,  by  the  British  law,  are  as  follows  : 

Istly.  Children  born  abroad  of  a  father  and  mother  bearing  allegi- 
ance to  England,  have  the  benefit  of  natural  born  subjects. 

2ndly.  They  cannot  hold  benefices. 

*  Steel's  "Shipmaster's  Assistant,"  p.  136. 


If 

11. 

Morocco. 

9. 

)) 

3. 

Tripoli. 

11. 

Tunis. 

8. 

VIorocco. 

9. 

}) 

7. 

I) 

7. 

Brazil. 

3. 

Muscat. 

5. 

APPENDIX. — SECTION  I.  309 

3rdly.  They  may  hold  personal  property,  and  by  the  7  &  8  Vict., 
land  for  twenty-one  years. 

4thly.  Living  seven  years  in  any  British  Colonies  in  America,  and 
talcing  certain  oaths,  etc.,  to  be  considered  natural  born  subjects. 

.5thly.  The  Act  6  &  7  Wm.  4,  c.  11,  refers  to  the  registration  of 
Aliens ;  the  preamble  of  which  is  as  follows  : 

§.  2.  Masters  of  vessels  from  Foreign  Ports  to  declare  what  Aliens 
are  on  board,  or  have  landed  from  the  vessel. 

§.  3.  Alien  on  arrival  from  abroad  to  declare  his  name,  description, 
etc.,  and  produce  his  passport. 

§.  4.  Officer  of  Customs  to  register  the  declaration,  and  deliver  a 
certificate  thereof  to  Aliens. 

§.  5.  Officer  of  Customs  to  transmit  Declaration,  etc.,  to  Secretary  of 
State. 

§.  6.  Certificates  of  Aliens  departing  the  realm,  to  be  delivered  to 
Secretary  of  State. 

§.  7.  New  Certificates  to  be  delivered  in  lieu  of  such  as  are  lost. 

§.  8.  Such  Certificates  to  be  granted  without  fee. 

§.  9.  Penalties  for  forging  Certificates. 

§.  10.  Prosecution  of  offenders. 

§.11.  Not  to  affect  Foreign  Ministers  or  their  Servants  ;  nor  Aliens 
who  have  been  resident  three  years,  and  obtained  certificates  thereof : 
nor  Aliens  under  fourteen  years  of  age. 

Gthly.  By  the  24  Geo.  3,  sect.  2,  c.  35,  Aliens  can  be  admitted  by 
the  Bishop  of  London,  or  any  Bishop  appointed  by  him,  to  the  office  of 
deacon  and  priest  without  taking  the  oath  of  allegiance,  but  are  not 
to  exercise  their  functions  in  Her  Majesty's  dominions. 

7tlily.  Persons  born  abroad  of  a  mother  being  a  natural  born  sub- 
ject, may  hold  real  or  personal  property. 

Sthly.  Children  of  Aliens  born  in  Her  Majesty's  dominions  are 
natural  born  subjects. 

9thly.  Aliens,  although  naturalised,  cannot  be  Members  of  the  Privy 
Council,  or  of  either  House  of  Parliament. 

lOthly.  Women  (alien)  married  to  natural  born  subjects,  to  be  con- 
sidered as  the  latter. 

llthly.  Aliens  enjoy  the  same  privileges  as  natural  born  subjects  iu 
Trade. 

As  it  may  be  of  interest  to  know  the  different  privileges  Aliens  en- 
joy in  other  countries,  on  referring  to  Mr.  Leone  Levi's  valuable  work 
on  commercial  law,  we  have  extracted  the  following  observations  on 
their  immunities  in  foreign  countries — viz. : 

Russia No  foreigner  can  be  a  trader,  except  he  be  a  naturalised 


310  APPENDIX. — SECTION   I. 

svibject;  no  exception  is  made  to  this  rule  other  than  in  the  case  of 
wholesale  merchants,  artists,  and  a  few  others. 

Sweden. — An  Alien  can  trade  on  reporting  himself  to  the  Burgo- 
master, and  on  obtaining  his  permission. 

Spain  and  Portugal. — No  foreigner  can  trade  except  in  conformity 
with  the  special  clauses  in  the  Treaties  between  the  several  countries. 

France. — Very  great  facilities  are  given  to  Aliens,  and  any  one  can 
establish  himself  in  trade  there. 

America. — Any  one  can  trade.  Aliens  cannot  acquire  a  title  to  real 
property  by  descent.  They  can  purchase  land,  but  it  becomes  vested 
in  the  State  at  their  death. 

Luheclc. — They  cannot  trade  Vithout  an  authority  being  given  by 
the  Tribunal  of  the  judicial  Police. 

Malta. — There  is  no  difference  between  natives  and  foreigners ;  both 
are  under  the  law  of  the  Government. 

AMBASSADORS,  or  accredited  Envoys  from  one  country  to  an- 
other, are  referred  to  in  very  early  ages.  In  every  country,  the  person 
of  the  Ambassador,  as  being  the  representative  of  his  Sovereign  in  the 
state  he  is  sent  to,  is  inviolable  and  sacred.  He  is  considered  as  a  man 
resident  in  the  country  he  is  sent  from,  so  far  as  concerns  the  law  and 
Government,  and,  as  such,  all  complaints  against  him  must  be  repre- 
sented in  the  same  manner  as  if  he  were  not  resident  in  the  State  he 
is  sent  to.  "  Legatus  non  est  civis  noster,  non  incola,  non  venit,  ut 
ad  nos  domicilium,  hoc  est,  rerum  ac  fortunarum  suarum  sedem, 
transferat,  peregrinus  est,  qui  apud  nos  moratur  ut  agat  rem  Prin- 
cipis  sui."*  Consequently  Ambassadors  cannot  be  cited  before  any 
tribunal  in  the  State,  and  cannot  be  arrested.  Indeed,  a  demon- 
stration of  this  occurs  in  the  case  of  the  Portuguese  representative  in 
1653,  and  that  of  the  Russian,  in  1709,  when  the  oflenders  were 
severely  punished,  and  the  statute  of  7  Anne,  cap.  12,  was  passed  in 
consequence,  the  preamble  of  which  is  as  follows  :  That  whereas  tur- 
bulent and  disorderly  persons  having,  in  a  most  outrageous  manner, 
insulted  the  person  of  His  Excellency  Andrew  Artemonowitz  Matueof, 
Ambassador  Extraordinary  of  his  Czarish  Majesty,  the  Emperor  of  All 
the  Russias,  by  arresting  him,  and  taking  him  by  violence  out  of  his 
coach  in  the  public  street,  and  detaining  him  in  custody  for  several 
hours  in  contempt  of  the  protection  granted  by  Her  Majesty,  and  con- 
trary to  the  law  of  nations,  and  in  prejudice  of  the  rights  and  privileges 
which  Ambassadors  and  other  public  Ministers,  authorized  and  received 
as  such,  have  at  all  times  been  thereby  possessed  of,  and  ought  to  be 

*  Bynkershoek,  "  De  foro  legatorum,"  cap.  viii. 


APPENDIX. SECTION   I.  311 

kept  sacred  and  inviolable  :  Be  it  therefore  enacted,  etc.,  that  all  suits 
against  the  said  Ambassador  shall  be  deemed  null  and  void,  as  well 
as  all  entries,  processes,  etc.,  against  him.  And  to  prevent  like 
insolence  in  future,  all  processes,  writs,  etc.,  whereby  the  person  of  the 
Ambassador  or  public  Minister  of  any  foreign  State,  or  his  domestic 
or  domestic  servant  could  be  arrested,  shall  be  null  and  void.  Any 
person  or  persons  arresting  them  shall  be  pimished  as  the  Justices 
think  fit. 

The  exceptions  to  this  Act  shall  be  merchants  or  traders,  amenable 
to  the  Bankruptcy  Laws,  putting  themselves  in  the  service  of  the 
Ambassador.  Servants,  etc.,  of  Ambassadors,  not  privileged  and 
registered  in  the  Secretary  of  State's  office,  shall  be  also  exempt  from 
the  protection  of  this  Act. 

In  1790,  two  men  were  convicted  for  arresting  a  servant  of  an 
Ambassador.  They  were  sentenced  to  be  conducted  to  the  house  of 
the  Ambassador,  with  a  label  on  their  breasts,  to  ask  his  pardon ;  one 
was  imprisoned  three  months,  and  the  other  fined  heavily.  This  in 
those  times  was  a  very  severe  punishment ;  and,  without  doubt,  we 
may  draw  the  inference  from  this,  as  well  as  from  the  writings  of 
many  celebrated  authors  on  the  subject,  that  the  chattels,  goods,  and 
suite  of  an  Ambassador,  enjoy  the  same  immunities  as  himself. 

ATTESTATION. — Consuls  attesting  and  legalising  documents  under 
their  hand  and  seal  of  office,  such  become  legal  evidence  in  a  court  of 
laAV. 

AVERAGE — of  which  there  are  two  kinds,  general  and  particular — 
as  applied  to  maritime  affairs,  signifies  a  contribution  towards  losses 
and  expenses  which  have  been  incurred,  for  the  advantage  of  those 
interested;  or  (as  Steel  says)  some  contribution  to  be  made  by  the 
assurers  for  partial  loss  or  damage  sustained  by  the  property  insured- 
Average,  therefore,  is  divided  into  two  separate  heads — General  and 
Particular. 

General  Average  is  a  claim  where  contribution  is  demanded  from  the 
insurers  or  proprietors  of  goods  shipped  on  board  a  vessel,  where  other 
property,  or  part  of  the  ship,  has  been  sacrificed  for  the  general  good, 
and  for  the  safety  of  the  other  merchandize.  Nothing  can  be  more  just 
and  honourable  than  this  ;  as,  where  another  man's  goods  have  been 
sacrificed  for  the  benefit  of  the  other  merchandize  on  board  the  same 
vessel,  it  is  quite  reasonable  that  he  cannot  be  expected  to  bear  a  loss 
for  a  benefit  arismg  to  another.  This  has  been  always  confirmed  by 
every  insurer,  and,  indeed,  such  an  acknowledg-ment  is  a  mutual 
advantage  to  them.  In  fact,  even  during  pursuit  by  an  enemy,  if 
things  are  thrown  overboard  to  lighten  the  vessel,  and  she  escapes, 


312  APPENDIX. — SECTION   I. 

the  shippers  of  the  goods  remaining  on  board  are  naturally  called 
upon  to  pay  their  contribution  for  the  just  benefit  of  the  party  to 
whom  the  goods  destroyed  belonged. 

It  is  generally  understood,  and  confirmed  by  numerous  writers,  that 
the  loss  must  be  incurred  wilfully,  by  design  ;  as  the  washing  over- 
board accidentally  cannot  be  attributed  to  any  design  to  save  the 
goods  of  other  shippers,  but  must  be  laid  down  to  the  will  of  God. 
Steel  and  Abbot  agree  that  it  must  be  done  also  during  the  time  of 
distress,  not  merely  because  the  ship  is  too  heavily  laden  during  a 
quiet  sea ;  as  this  would  be  the  fault  of  the  captain  or  owners  of  the 
vessel,  with  which  the  shippers  of  the  goods  have  nothing  whatever  to 
do.  It  is,  of  course,  understood  that  the  act  must  succeed  in  saving.  Lord 
Tenterden  siuns  up  in  a  few  words  what  it  ought  to  comprehend.  He 
says  :  "  The  act  must  be  the  effect  of  danger,  and  the  cause  of  safety." 
Again,  when  the  ship  has  been  damaged  for  the  safety  of  the  cargo, 
such  as  throwing  overboard  spars,  boats,  etc. ;  and  she  is  compelled  in 
conseqtience,  and  in  order  to  convey  the  goods  safely  to  their  desti- 
nation, to  put  into  a  port  and  repair,  the  amount  of  such  repairs  is 
calculated  in  general  average,  and  is  justly  an  amount  which  the 
owners  of  the  merchandize  ought  to  contribute  to  make  good.  Again, 
if  a  vessel  be  voluntarily  stranded  for  the  purpose  of  esc;iping  a  total 
loss  of  the  cargo,  this  may  become  a  subject  of  general  average.  {Steel 
says)  that  goods  stowed  on  deck  are  not  the  subject  of  average,  because 
they  ought  not  to  be  there,  and  they  not  only  increase  the  danger  of 
the  other  merchandize,  but  are  placed  in  a  more  perilous  position,  and 
cannot,  therefore,  if  they  are  lost,  become  subjects  for  general  average. 
The  contribution  made,  and  very  just,  in  general  average,  is  from 
every  kind  of  merchandize  on  board,  except  the  effects  (that  is,  wearing 
apparel  and  jewellery)  of  passengers.  Why  these  should  have  remained 
exempted  has  always  seemed  to  us  incomprehensible,  and  we  can 
only  suppose  that,  as  they  pay  no  freight,  they  are  not  considered  as 
the  general  merchandize  of  the  vessel.  The  ship  and  freight,  however, 
contribute,  as  also  the  amounts  of  the  vessel's  earnings  in  freight,  etc. 
The  wages  of  the  crew,  however,  the  ammunition  and  victuals  of  the 
ship,  do  not  contribute,  as  one  is  the  private  fund  for  the  working  of 
the  ship  in  danger,  and  the  latter  is  the  maintenance  of  such  working. 
In  foreign  countries,  things  are  made  the  subject  of  general  average 
which  are  excluded  here ;  and  it  is,  therefore,  necessary,  in  writing 
policies  of  insurance,  to  add,  "general  average  according  to  the  foreign 
statement."  We  do  not  think  any  further  explanation  is  necessary 
on  this  head,  with  the  exception  of  a  Formula,  which  we  subjoin, 
showing  how  general  average  is  made  up. 


APPENDIX. — SECTION   I. 


313 


TATEMENT    of    GENERAL     AvERAGE    of    the    RcnOlVn,    JaMES     SmITIIERS 

Master,   from   Yarmouth    to    London,   in   consequence   of    getting 
aground  near  Harwich,  etc.      (Steel's  Shipmaster's  Assistant.) 


DISBURSEMENTS. 


)hu  Bates  and  Edward  Orton,  of  the' 


smacks  Thomas  and  Mary,  fo 
the  vessel,  and  bringing  her 
wich,  as  per  agreement . 
ish  paid  Captain  Smithers 
otarial  charges 
idse  and  Bell,  for  Agency 
ihu  Spencer,  shipwright 
Off,  Is.  'id. 


assisting 
into  Har- 


xlue  of  barley  thrown  overboard : 
Shipped    690  qrs. 
Landed  .  509    „ 

Jettison.  181    „  at  31s.,  £280  11     0 


Freight,  2s.  Qd.  per  qr. 
Lighterage,  &c. 


Freight  as  above 


Postage,  stamps,  &c. 
Statement   . 


Apportionment. 

lip,  valued  at  £800,  pays 

irgo,  barley,  viz. : 

Arrived,  £714  12     6 
Jettison    253     4     6 


22  12     6 
4     4     0 


£      s.    d. 
60     0     0 


2     2     0 
2     2     0 


27     6     6  i253     4     6 
.  I  22  12     6 


eight,  viz. : 

Arrived       63  12     6 
Jettison      22  12     6 


967  17     0  pays 


70     0     0 


£1,837  17     0 


340  1  0 
0  10  0 
110 


341  12     0 


148  13  10 


179  18     0 


12     0     2 


.341  12     0 


£      s.    d. 


2     6     8 


£      s.    d. 


5     0     0 


13     4 


2     6     8 


148  13  10 


6     3     4 


51     0     6 


Particular  Average  is  a  partial  loss,  against  Avhich  the  insurance 
specially  made.  It  may  consist  in  one  against  the  ship,  the  freight, 
the  cargo.  "  In  respect  to  the  ship,"  Steel  says,  "  it  may  consist  in 
e  loss  of  boats,  if  properly  lashed  up,  the  breaking  of  a  cable  and 

2  s 


314  APPENDIX, SECTION   I. 

loss  of  anchor,  and  damage  by  running  ashore  to  avoid  a  greater  peril 
from  storms  or  heavy  seas,  from  the  attack  of  an  enemy,  or  from 
endeavours  to  escape  capture.  Again,  when  a  vessel  runs  foul  of 
another,  if  neither  is  particularly  to  blame,  each  owner  must  bear  his 
own  loss,  which  is  recoverable  from  the  underwriters.  The  amount  of 
damage  mvist  be  thirty  shillings  upon  the  whole  value,  to  render  the 
underwriters  liable  for  the  loss  ;  vmlcss  it  may  arise  from  the  stranding 
of  the  vessel.  The  claim  of  freight,  as  it  is  generally  specially  men- 
tioned in  the  policy,  is  necessarily  left  open,  as  the  interest  may 
appear.  In  the  event  of  the  goods  being  lost,  and  the  freight  irreco- 
verable, the  underwriters  have  to  make  it  good,  or  to  bear  their  pro- 
portion when  the  freight  has  been  insured." 

BARRATRY  is  generally  understood  to  be  a  fraudulent  act  of  the 
master  or  mariners,  committed  to  the  prejudice  of  the  owners  of  the 
ships.  Abbot  says,  "  To  our  definition  of  barratry,  it  is  not  essential 
that  the  act  should  be  done  by  the  master  for  his  own  benefit,  or  with 
the  intent  of  injuring  his  owners."  Thus,  if  he  sail  out  of  port  without 
paying  port  duties,  whereby  the  goods  are  forfeited,  lost,  or  spoiled; 
or  if  he  cruise  in  quest  of  pi-izes  without  proper  authority,  and  con- 
trary to  the  orders  of  his  owners  ;  or  if  he  disregard  an  emljargo,  or 
attempt  a  breach  of  blockade,  or  be  concerned  in  smuggling,  or  con- 
nive at  smviggling  by  his  mariners  ;  or  wilfully  delay,  or  deviate,  or 
run  away  with  the  ship,  and  sell  her,  or  part  of  her  cargo,  he  is  guilty 
of  barratry  :  and  where  a  master  has  general  instructions  to  make  the 
best  purchases  with  despatch,  it  was  considered  that  such  instructions 
must  mean  legal  purchases  and  legal  despatch,  and  that  going  into  an 
enemy's  settlement  to  trade,  although  his  cargo  could  be  more  speedily 
and  cheaply  completed  there  (the  ship  being  seized  and  confiscated 
on  account  of  it),  was  barratry.  Nor  was  it  thought  to  make  any 
difference  that  he  intended  thereby  to  promote  his  owners'  interests. 
It  is  not  for  him  to  judge  in  cases  not  entrusted  to  his  discretion,  or  to 
suppose  that  he  is  not  breaking  the  trust  reposed  in  him,  but  acting 
meritoriously  when  he  endeavours  to  advance  the  interests  of  his 
owners  by  means  which  the  law  forbids,  and  Avhich  his  owners  must 
be  taken  to  have  forbidden  ;  not  only  from  what  ought  to  be,  and 
therefore  must  be  presumed  to  have  been,  their  own  sense  of  public 
duty,  but  also  from  a  consideration  of  the  risk  and  loss  likely  to  follow 
from  the  use  of  such  means.  But  an  error  in  judgment  in  matters 
entrusted  to  his  discretion,  and  not  contrary  to  law,  admits  of  a  differ- 
ent consideration ;  and  accordingly,  when  in  an  action  on  a  policy  of 
insurance,  the  loss  being  alleged  by  barratry  of  the  master,  it  appeared 
that  his  ship  having  spriing  a  leak,  he  took  her  into  port,  and  before  any 
survey  made,  broke  up  her  ceiling  and  bows  with  bows,  thereby  injur- 


APPENDIX. SECTION    I.  315 

iiig  and  weakening  her,  Lord  EUenborongh,  addressing  the  counsel  for 
the  plaintilf,  said,  "  To  constitute  barratry,  which  is  a  crime,  the  captain 
must  be  proved  to  have  acted  against  his  better  judgment;  as  the 
case  stands,  there  is  a  whole  ocean  between  you  and  barratry." 

Barratry  may  be  committed  with  the  privity  of  the  freighters 
against  the  owners,  or  by  the  owners  or  master  against  the  general 
freighters.  It  Avould  seem  that  one  part  owner,  being  master,  may 
commit  barratry  against  another ;  but  if  the  master  be  sole  owner,  he 
cannot  commit  barratry  against  himself. 

BILLS  OF  LADING  are  instruments  a  Captain  signs  as  an  acknow- 
ledgment of  the  goods  being  received  on  board ;  and  after  signing  this 
he  is  liable  for  every  clause  as  signed  for.  It  is,  therefore,  most  essen- 
tial that  a  Captain  should  be  extremely  particiilar  in  putting  his  name 
to  any  such  document  unless  he  is  quite  positive  that  the  goods  are 
on  board,  and  unless  he  knows  the  exact  contents  of  the  package;  the 
clause  is  generally  inserted  by  him,  "  contents  unknown ;"  and  in  fragile 
articles,  etc.,  "  not  accountable  for  breakage  and  leakage."  For  forms 
of  Bills  of  Lading,  and  Bills  of  Lading  Act,  vide  Sections  iv.  and  vi. 

BIRTHS  AND  DEATHS  AT  SEA.— The  Act,  6  &  7  Wm.  4,  c.  86, 
s.  21,  states,  that  the  commanding  officer  on  board  of  whose  vessel 
a  child  is  born,  shall  make  a  minute  of  the  several  particulars  relating 
thereto. 

When  a  passenger  or  sailor  dies  during  the  voyage,  and  no  one  pre- 
sent is  legally  entitled  to  take  possession  of  the  effects,  the  master 
must  make  an  inventory,  witnessed  by  some  other  passenger  or  sea- 
man, or  by  the  mate.  Should  they  not  be  claimed  within  a  reasonable 
time,  the  master  may  sell  the  same,  but  is  always  liable  to  be  called 
upon  for  the  amount,  and  to  shov/  the  sale  was  for  the  value  of  the 
articles  disposed  of.  In  the  case  where  a  seaman  dies  abroad,  or  on 
board,  we  beg  to  refer  the  reader  to  the  Consular  Instructions,  1855. 

BLOCKADE  is  the  stopping  up  the  traflBc  from  a  port  by  an  enemy's 
fleet,  and  it  is  throughout  the  world  acknowledged  that  the  attempt  to 
break  such  Blockade  is  the  forfeiture  or  capture  of  the  ship,  whether 
she  be  a  vessel  belonging  to  the  State  of  the  blockading  squadron,  or 
of  neutral  nations.  It  is,  however,  difficult  to  determine  a  cognizance 
on  the  part  of  the  captain  of  the  vessel  of  the  state  of  such  Blockade, 
and  an  innocent  person  not  having  had  any  idea  of  such  Blockade, 
and  not  being  warned  off  by  the  blockading  sqiiadron,  cannot  be  con- 
sidered a  lawful  prize. 

Dr.  Deane,  in  a  very  clever  work,  recently  published  on  the  subject, 
defines  a  Blockade  as  follows  : 

Istly.  That  the  Blockade  should  offer  no  obstruction  to  a  neutral 
port ;  that  is,  that  in  blockading  a  nxunber  of  the  enemy's  Ports,  by  the 


316  APPENDIX. SECTION   I. 

stoppage  of  a  river  or  channel  in  which  there  happened  to  be  a  neutral 
Port,  would  be  considered  a  violation  of  the  law  of  nations. 

2ndly.  That  once  the  Blockade  has  been  established,  no  ship  what- 
ever should  be  allowed  to  enter ;  and  if  the  Blockade  is  not  so  enforced, 
it  cannot  be  insisted  upon  by  a  Prize  Court.  Vessels  of  neutral 
nations  in  ballast,  or  Avith  cargo,  laden  before  the  fact  of  the  Blockade 
has  been   established,  may  come  out. 

3rdly.  That  the  sailing  or  prosecuting  a  voyage  to  a  blockaded 
Port,  after  the  knowledge  of  the  existence  of  such  Blockade,  and  with 
an  intention  to  violate  such  Blockade,  is  an  oflTence  punishable  by 
confiscation. 

4thly.  That  it  is  for  the  Commanding  Officer  of  the  blockading  squa- 
dron to  board  any  neutral  vessel,  warn  her  that  such  a  Blockade  has 
been  established,  and  write  a  notice  to  that  effect  upon  the  ship's 
papers ;  but,  at  the  same  time,  if  there  is  reason  to  suppose,  or  sufficient 
proof  that  such  vessel  at  the  Port  of  her  sailing,  has  been  apprised  of 
such  Blockade,  and  having  attempted  to  break  it,  shall  be  liable  to 
confiscation. 

5thly.  That  any  vessel  found  coming  out  of  the  blockaded  Port  hav- 
ing any  goods  on  board,  and  having  entered  into  such  Port  during  the 
existence  or  in  breach  of  such  Blockade,  she  shall  be  seized  and  sent  in 
for  adjudication. 

Gthly.  As  regards  free  ships  making  free  goods,  Dr.  Deane  adds, 
that  inquiries  must  still  be  made,  and  the  ship's  papers  be  referred  to 
and  examined  in  order  to  ascertain  her  nationality,  her  cargo,  whether 
contraband  or  not,  her  destination  and  port  of  clearance,  as  well  as 
the  character  and  number  of  her  passengers. 

In  respect  to  the  papers  found  on  board  a  ship,  any  suspicious  letter 
foimd  among  them  having  reference  to  her  destination  to  an  ememy's 
Port,  would  be  sufficient  cause  for  her  detention,  and  even  condemna- 
tion. As  regards  what  is  contraband  of  war,*  it  is  a  difficult  thing  to 
determine  what  would  condemn  a  ship  in  respect  thereof.  The  trans- 
portation of  military  personages  and  dispatches  is  prohibited,  and 
would  come  under  the  category  of  condemnation. 

BOTTOMRY  is  an  hypothecation  of  a  ship  for  the  payment  of  the 
debts  of  a  vessel,  which  may  have  been  incurred  by  reason  of  her 
having  been  compelled  to  put  into  a  foreign  port  by  distress  to  repair, 
and  where  the  master,  not  having  sufficient  funds  at  hand  to  defray 
the  same,  and  in  the  absence  of  being  able  to  raise  money  on  his  own 
credit  or  on  that  of  the  owners,  gives  the  bottom  of  the  ship  as  a 
security  for  the  money  lent.     A  case  of  necessity,  to  enable  the  master 

*    Vide  under  head,  "  Contraband  of  War." 


APPENDIX. — SECTION    I.  317 

to  carry  the  goods  to  their  destination,  ought  to  be  established,  to 
justify  him  taking  a  bottomry  bond  on  his  vessel,  as  it  would  not  be 
recognisable  in  law  were  he  to  hypothecate  his  vessel  for  private 
expenses  ;  again,  he  is  justified  in  taking  a  bottomry  bond  to  pay  the 
crew  their  wages,  should  the  owner  not  have  remitted  him  money  for 
that  purpose,  but  this  would  not  be  justifiable  before  he  came  to  the 
port  where  the  cargo  is  discharged.  It  must,  however,  be  understood 
that  he  could  not  do  so  for  wages  of  antecedent  voyages,  as  such  ought 
to  have  been  satisfied  prior  to  the  vessel  leaving  the  port  where  she 
took  her  cargo  in.  For  form  of  Bottomry  Bond  vide  Section  vi.,  and 
for  further  particiUars,  vide  ss.  22  to  32,  Instructions  to  Consuls, 
pages  45  to  51. 

CAPTURE. — According  to  the  legal  signification  of  capture,  the  same 
is  constituted  by  the  taking  of  the  vessel,  or  seizing  the  ship  in  time 
of  war  ;  which  capture,  however,  must  be  legalised  and  sanctioned  by 
a  sentence  of  condemnation  in  a  Court  of  the  capturing  power,  acknow- 
ledged according  to  the  law  of  nations.  Abbot  says  :  "  That  there 
appears  no  settled  and  uniform  rule  established  in  practice  among 
nations,  as  to  the  precise  period  at  which  property  is  divested  by 
capture.  It  is,  however,  generally  understood  to  take  place  twenty- 
four  hours  after  possession."  Capture,  however,  must  be  conducted  on 
very  strict  principles,  as  in  the  recent  decision  of  the  Right  Honour- 
able Pemberton  Leigh  in  the  case  of  the  Ostsee,  he  has  decreed,  and 
very  justly,  that  officers  capturing  vessels  without  sufficient  cause,  or 
in  ignorance  or  misunderstanding  of  their  instrjictions,  are  liable  to  be 
called  upon  to  pay  the  costs  for  the  detention  of  the  vessel  captured. 
In  this  theory  he  is  undoubtedly  right,  as  the  encouragement  held  out 
by  prize  money  might  easily  cause,  if  such  was  not  so,  the  detention 
of  many  vessels  from  which  it  was  thought  prize  money  might  possibly 
be  obtained.  It  has  generally  been  determined  and  confirmed  by 
Lords  Stowell  and  Tenter  den,  that  by  the  general  practice  of  nations  a 
sentence  of  condemnation  is  at  present  deemed  necessary,  and  a  neutral 
purchaser  in  Europe  during  war  looks  to  a  legal  sentence  of  condem- 
nation as  one  of  the  title  deeds  of  a  ship,  if  he  buys  the  vessel. 
Whether  a  purchase  of  a  condemned  ship  by  a  neutral,  and  its  subse- 
quent capture  under  the  protection  of  a  neutral  flag,  is  likely  to 
transfer  the  title,  is  a  matter  open  to  a  great  deal  of  controversy, 
although  it  may  be  generally  supposed  that  belligerent  powers  would 
hold  sacred  the  laws  of  nations  in  respect  to  the  property  of  neutrals. 
A  legal  condemnation  of  a  captured  vessel  cannot  be  effected  by  a 
Consul  when  the  vessel  is  carried  into  a  neutral  port,  and  Lord  Stowell 
was  even  of  opinion  that  a  condemnation  could  not  be  decreed  in  a 
proper  Court  of  the  belligerent  power,  when  the  ship  was  in  a  neutral 
port,  as  it  would  be  contrary  to  the  law  of  nations.     Of  course  it  is 


318  APPENDIX. — SECTION    I. 

clearly  understood  that  capture  by  pirates  or  letters  of  niar(iue  is  not 
recognised  ;  and,  in  fact,  the  first  is  never  coimtenanced  as  capture, 
nor  does  it  divest  the  property  from  its  original  owner.  So  many 
lessons  can  be  taken  from  the  Judge's  decision  in  the  case  of  the 
Ostsee  that  we  give  it  in  full. 

The  Mechlenhiirg  Ship  Ostsee.* — At  the  Judicial  Committee  of  the 
Privy  Council. — Present:  The  Right  Hon.  T.  Pembcrton  Leigh,  the 
Right  Hon.  Sir  Edward  Ryan,  the  Right  Hon.  Sir  Jolin  Patteson,  and 
the  Right  Hon.  Sir  John  Dodson — judgment  was  given  in  the  following 
important  case : 

On  the  1st  of  June,  1854,  the  ship  Ostsee,  sailing  under  the  Meck- 
lenburg flag,  on  her  voyage  from  Cronstadt  to  Elsinore,  was  seized  by 
Her  Majesty's  ship  Alhan,  under  the  command  of  Captain  Otter,  and 
sent  to  London  for  adjudication  as  prize.  Upon  the  ship's  papers,  and 
the  examination  of  the  master,  the  mate,  and  another  of  the  crew,  on 
the  usual  interrogatories,  there  appeared  to  be  no  ground  for  condem- 
nation ;  and  with  the  consent  of  the  captors  on  the  19th  August,  185 1, 
an  interlocutory  decree  was  pronounced,  by  which  the  ship  and  cargo 
were  restored  to  the  claimants,  but  without  costs  and  damages. 
From  so  much  of  the  decree  as  refuses  costs  and  damages  to  the 
claimants,  the  present  appeal  was  brought. 

The  Right  Hon.  T.  Pemberton  Leigh  delivered  the  judgment  of  the 
Court.  On  the  1st  June,  1854,  the  ship  Ostsee,  sailing  under  the 
Mecklenburg  flag,  on  her  voyage  from  Cronstadt  to  Elsinore,  was 
seized  by  Her  Majesty's  ship  Alban,  under  the  command  of  Captain 
Otter,  and  sent  to  London  for  adjudication  as  prize.  Upon  the  ship's 
papers,  and  the  examination  of  the  master,  the  mate,  and  another  of 
the  crew,  on  the  usual  interrogatories,  there  appeared  to  be  no  ground 
for  condemnation  ;  and  with  the  consent  of  the  captors,  on  the  19th 
August,  1854,  an  interlocutory  decree  was  pronounced,  by  which  the 
ship  and  cargo  were  restored  to  the  claimants,  but  without  costs  and 
damages.  From  so  much  of  the  decree  as  refuses  costs  and  damages 
to  the  claimants,  the  present  appeal  is  brought.  It  is  agreed  on  all 
hands  that  the  restitution  of  a  ship  and  cargo  may  be  attended, 
according  to  the  circumstances  of  the  case,  with  any  of  the  following 
consequences  : — 1.  The  claimants  may  be  ordered  to  pay  the  captors 
their  costs  and  expenses  ;  or,  2.  The  restitution  may  be,  as  in  this 
case,  simple  restitution,  without  costs,  or  expenses,  or  damages,  to 
either  party ;  or,  3.  The  captors  may  be  ordered  to  pay  costs  and 
damages  to  the  claimants.  These  provisions  seem  well  adapted  to 
meet  the  variotis  circumstances,  not  ultimately  affording  ground  of 
condemnation,  under  which  captures  may  take  place.     A  ship  may  by 

*  Shipping  and  Mercantile  Gazette  Report. 


APPENDIX. — SECTION   I.  319 

her  own  misconduct  have  occasioned  her  capture,  and  in  such  a  case, 
it  is  very  reasonable  that  she  should  indemnify  the  captors  against  the 
expenses  which  her  misconduct  has  occasioned.  Or  she  may  be  in- 
volved, with  little  or  no  fault  on  her  part,  in  such  suspicion  as  to 
make  it  the  right  or  even  the  duty  of  a  belligerent  to  seize  her.  There 
may  be  no  fault  either  in  the  captor  or  the  captured,  or  both  may  be 
in  fault ;  and  in  such  cases  there  may  be  damnum  absque  injuria,  and 
no  ground  for  anything  but  simple  restitution.  Or  there  may  be  a 
third  case,  where  not  only  the  ship  is  in  no  fault,  but  she  is  not  by  any 
act  of  her  own,  voluntary  or  involuntary,  open  to  any  fair  ground  of 
suspicion.  In  such  a  case  a  belligerent  may  seize  at  his  peril,  and 
take  the  chance  of  something  appearing  on  investigation  to  justify 
the  capture  ;  but  if  he  fails  in  such  a  case,  it  seems  very  fit  that  he 
should  pay  the  costs  and  damages  which  he  has  occasioned.  The 
appellants  insist  that  the  circumstances  of  this  case  bring  it  withui  the 
last  of  these  rules.  The  general  principles  applicable  to  this  point  are 
stated  with  great  clearness  in  a  document  of  the  very  highest  autho- 
rity— the  report  made  to  King  George  II.,  in  1753,  by  the  then  Judge 
of  the  Admiralty  Court,  and  the  laAV  officers  of  the  Crown,  one  of  whom 
was  Mr.  Murray  (afterwards  Lord  Mansfield),  and  they  are  laid  down 
in  these  terms  ;■ — "  The  law  of  nations  allows,  according  to  the  different 
degrees  of  misbehaviour  or  suspicion  arising  from  the  fault  of  the  ship 
taken,  and  other  circumstances  of  the  case,  costs  to  be  paid  or  not  to 
be  received  by  the  claimant  in  case  of  acquittal  and  restitution.  On 
the  other  hand,  if  a  seizure  is  made  without  probable  cause,  the  captor 
is  adjudged  to  pay  costs  and  damages."  This  passage,  with  others,  is 
cited  by  Lord  Stowell  (then  Sir  W.  Scott)  and  Sir  John  Nichol,  in  their 
letter  to  the  American  Minister  in  1794,  as  containing  an  accurate 
state  of  the  law  of  maritime  capture.  These  rules  have  been  recog- 
nized and  acted  upon  by  all  the  chief  maritime  powers.  In  France  a 
very  early  Ordonnance  provides  that,  when  a  seizure  is  made,  "  sans 
cause  raisonnable,  notrc  dit  Amiral  fera  dument  restituer  le  donimage." 
The  same  rule  is  laid  down  by  ]M.  Pourtalis,  in  two  cases  which  came 
before  the  French  Conseil  des  Prises  in  1799.  In  one,  the  Pigou, 
where  a  neutral  ship  (an  American)  had  been  captured  by  two  French 
frigates,  the  rule  was  stated,  and  applied,  it  may  be  thought  with  some 
severity,  to  the  particular  case.  An  English  translation  of  a  rather  imper- 
fect report  of  the  judgment  is  to  be  found  in  the  notes  in  the  case  of  the 
Charming  Betsy  (2  Cranch,  98)  ;  but  the  judgment  is  set  out  at  length 
in  a  French  work  published  during  the  present  year,  with  which 
Mr.  Rothery  has  been  good  enough  to  furnish  us,  entitled,  "  Traite 
des  Prises  Maritimes,"  vol.  ii.,  p.  54.  After  stating  that  in  general  a 
man  is  bound,  as  well  by  natural  as  by  civil  law,  to  make  good  the 


320  APPENDIX. SECTION    I. 

damage  which  he  has  occasioned,  and  that  error  on  his  part  cannot 
relieve  him  from  this  reparation,  the  Judge  proceeds  in  these  terms  : — 
"  En  matiere  des  prises  I'imprudence  des  captures,  lexir  negligence 
dans  robservation  de  certaines  formes,  des  precedes  Equivoques, 
peuvent  souvent  compromettre  leur  siirete  et  faire  suspecter  leur 
bonne  foi.  II  pent  arriver  alors  qu'en  examinant  I'ensemble  des  faits 
on  reconnaisse  qu'une  prise  est  invalide.  Mais  on  peut  reconnaitre 
aussi  que  les  captures  par  leur  conduite  ont  donne  lieu  a  la  meprise 
des  capteurs.  Dans  ce  cas  il  serait  injuste  de  rendre  ceux-ci  respon- 
sables  d'une  erreur  que  Ton  ne  peut  raisonnablement  regarder  comme 
leur  ouvrage.  Mais  quand  I'injustice  des  capteurs  ne  peut  etre 
excusee,  les  captures  ont  incontestablement  droit  a  une  adjudication 
de  dommagcs-inter^ts."  In  that  case  there  would  appear  to  have  been 
some  colour  for  the  capture,  for  the  tribunal  of  P'irst  Instance  had 
decreed  restitution  ;  that  order  had  been  reversed  by  a  superior  court 
at  Morbihan,  which  decreed  condemnation  of  the  ship  and  cargo,  and 
this  sentence  was  again  reversed  by  the  Conseil  des  Prises,  which 
decreed  restitution,  with  costs  and  damages.  The  same  doctrine  is 
laid  down  by  the  same  eminent  authority,  about  the  same  period,  in 
the  case  of  the  Statira  (2  Cranch,  98).  'J'he  cases  in  the  American 
Courts  fully  bear  out  the  statement  of  the  law  by  Mr.  Justice  Story  in 
the  treatise  already  referred  to,  which  is  in  these  terms : — "  Every 
capture,  whether  made  by  commissioned  or  non-commissioned  ships, 
is  at  the  peril  of  the  captors.  If  they  capture  property  without  rea- 
sonable or  jixstifiable  cause,  they  are  liable  to  a  suit  for  restitution, 
and  may  also  be  mulcted  in  costs  and  damages.  If  the  vessel  and 
cargo,  or  any  part  thereof,  be  good  prize,  they  are  completely  justified, 
and  although  the  whole  property  may,  upon  a  hearing,  be  restored, 
yet,  if  there  was  probable  cause  of  capture,  they  are  not  responsible  in 
damages."  It  may  be  observed  that  there  is  a  misprint  in  this  passage 
in  Pratt's  edition  of  Story,  p.  35,  where  the  words  "possible  cause" 
are  substituted  for  "  probable  cause."  On  referring  to  the  Appendix 
to  2  Wheat.  Rep.  8,  from  which  this  part  of  the  treatise  is  copied,  the 
mistake  appears ;  and,  indeed,  it  is  obvious  from  the  context.  Mr. 
Justice  Story  then  proceeds  to  enumerate  a  great  variety  of  circum- 
stances which  have  been  held  to  constitute  probable  cause,  but  all  of 
a  character  to  throw  suspicion  on  the  ship  or  cargo,  and  all  attribut- 
able, in  a  greater  or  less  degree,  to  some  act  or  omission  on  the  part 
of  the  owners.  At  p.  39  he  lays  it  down  generally : — "  If  the  capture 
is  made  without  probable  cause,  the  captors  are  liable  for  damages, 
costs,  and  expenses  to  the  claimants."  In  the  case  of  the  Maria 
Schroeder,  in  1800  (reported  3  Rob.,  152),  Lord  Stowell  says  : — "  It  is 
not  necessary  that  the  captor  should  have  assigned  any  cause  at  the 


APPENDIX. — SECTION    I.  321 

time  of  tlie  capture  ;  he  takes  at  his  own  peril,  and  on  his  own  respon- 
sibility, to  answer  in  costs  and  damages  for  any  wrongful  exercise  of 
the  rights  of  capture.  In  the  case  of  the  Triton,  in  1801  (4  Rob.,  79), 
the  same  learned  Judge  expresses  himself  thus  : — "  This  being  the 
case  of  a  voyage  between  two  neutral  ports,  without  any  doubt  on  the 
destination,  and  without  any  sufficient  gi-ound  of  seizure,  I  think  the 
claimants  are  entitled  to  costs  and  damages."  In  the  case  of  the 
William  (6  Rob.,  316),  the  same  learned  Judge  states  : — "  When  a  cap- 
ture is  not  justifiable,  the  captor  is  answerable  for  every  damage." 
And  the  same  law  is  laid  down  in  the  case  of  the  ActcBon  (2  Dods.,  51)> 
which  we  shall  presently  have  occasion  to  state  more  fully.  In  the 
case  of  the  Elizabeth,  before  the  Lords  of  Appeal  in  1809  (1  Acton,  13) 
Sir  William  Grant — an  aiithority  upon  such  subjects  second  only,  if 
second,  to  Lord  Stowell — is  reported  to  say  : — "  We  order  the  vessel 
to  be  restored ;  and,  as  we  are  of  opinion  there  appears  scarcely  any 
ground  for  justifying  the  detention  of  the  vessel,  condemn  the  captor 
in  costs."  There  appears  in  that  case  to  have  been,  in  the  opinion  of 
the  Court,  some,  though  but  little,  ground  for  the  seizure,  and  the 
decree  is  for  restitution  without  damages  ;  but  the  captor,  who  had 
obtained  a  decree  in  the  Court  below,  is  condemned  in  the  costs  of  the 
appeal.  We  have  referred  to  the  original  order  in  the  minute  book, 
the  case  being  loosely  stated  in  the  report.  The  result  of  these  autho- 
rities is,  that  in  order  to  exempt  a  captor  from  costs  and  damages  in 
case  of  restitution,  there  must  have  been  some  circumstances  con- 
nected with  the  ship  or  cargo,  affording  reasonable  ground  for  belief 
that  one,  or  both,  or  some  part  of  the  cargo,  might  prove,  upon  fur- 
ther inquiry,  to  be  lawful  prize.  What  shall  amount  to  probable 
cause,  so  as  to  justify  a  capture,  cannot  be  defined  by  any  exact  terms. 
The  question  was  discussed  before  Mr.  Justice  Story,  in  the  case  of 
the  George  (1  Mason,  26),  when  it  was  contended  that,  in  order  to 
exempt  captors  from  costs  and  damages,  the  case  against  the  ship 
at  the  time  of  seizure  must  be  such  as  pri?nd  facie  to  warrant  condem- 
nation, or  at  all  events  that  a  restoration  by  a  Court  of  Prize,  without 
further  proof,  is  conclusive  evidence  of  a  defect  of  probable  cause. 
Mr.  Justice  Story  expresses  his  dissent  from  these  propositions,  in 
which  we  agree  with  him ;  and  he  then  expresses  himself  in  these 
tei'ms  : — "  If,  therefore,  there  be  a  reasonable  suspicion  of  illegal  traffic, 
or  a  reasonable  doubt  as  to  the  proprietary  interest,  the  national 
character,  or  the  legality  of  the  conduct  of  the  parties,  it  is  proper  to 
submit  the  cause  for  adjudication  before  the  proper  prize  tribunal ; 
and  the  captors  will  be  justified  although  the  Court  should  acquit 
without  the  formality  of  ordering  further  proof."  In  this  case  there 
was  abundant  ground  of  suspicion,  and  the  demand  of  damages  was 

2  T 


322  APPENDIX. -^SECTION  I. 

rejected.  Neither  in  tlie  text,  nor  in  the  decided  cases  to  wMch  we 
have  thus  referred,  do  we  find  it  stated  that,  in  order  to  subject  captors 
to  condemnation  in  costs  and  damages,  vexatious  condvict  on  their 
part  must  be  proved  (except  as  some  degree  of  vexation  is  necessarily 
implied  in  the  detention  of  a  vessel  Avithout  reasonable  cause  after  she 
has  been  searched),  or  that  honest  mistake,  thovigh  occasioned  by  the 
act  of  the  Government  of  which  they  are  subjects,  can  relieve  them 
from  their  liability  to  make  good  to  a  foreigner  and  neutral — and 
with  this  case  alone  we  are  dealing — the  damage  which  by  their 
conduct  he  has  sustained.  Nor  is  it  easy  to  perceive  upon  what 
groimds  of  reason  or  justice  such  excuses  could  rest.  If  costs  and 
damages  were  inflicted  as  a  punishment  on  captors,  honest  intention 
would  be  a  consideration  of  the  greatest  weight,  but  the  principle  on 
which  they  are  awarded  is  that  of  affording  compensation  to  a  party 
who  has  been  injured.  Vexatious  conduct  on  the  part  of  the  captors 
has  in  some  cases  been  alluded  to  as  removing  all  reluctance  on  the 
part  of  the  Judge  to  award  costs  and  damages,  as  in  the  Nemesis 
(Ed.  R.,  50)  ;  or,  as  forming  a  ground  for  what  are  termed  vindictive 
damages  ;  or,  for  subjecting  the  captors  to  costs  and  damages,  or  depriv- 
ing them  of  their  expenses,  when,  but  for  such  conduct,  they  might 
have  been  entitled  to  their  expenses  against  the  claimants,  as  in  the 
cases  of  the  Speculation  (2  Rob.,  254),  the  Washingtoyi,  (2  Rob.,  275),  and 
several  others  :  but  no  case  was  cited  to  us  at  the  bar,  nor  have  we  been 
able  to  find  any,  in  which  wilful  misconduct  on  the  part  of  the  captors 
has  been  stated  to  be  a  necessary  ingredient  in  an  ordinary  condem- 
nation in  costs  and  damages.  So  as  to  error  occasioned  by  the  pro- 
ceedings of  their  own  Government.  The  captors  act  as  the  agents  of 
the  State  of  which  they  are  citizens,  and  which  must  ultimately  be 
responsible  for  their  acts.  Prize  courts  aftbrd  the  remedy  as  between 
the  individuals,  which  otherwise  must  be  sought  by  the  Government 
of  the  claimants  against  the  Government  of  the  captors  ;  but  the  mode 
of  proceeding  cannot  affect  the  right  to  redress,  and  if  the  State 
could  not  urge  its  own  mistakes  as  a  justification  of  its  own  wrong, 
neither,  it  should  seem,  should  individual  citizens  be  permitted  to  do 
so.  The  law  of  nations  upon  these  points  appears  to  us  to  be  settled 
by  decisions  both  in  the  American  and  European  courts.  In  the  case 
of  the  Charming  Betsy  in  1804  (2  Cranch,  123),  the  captain  of  an 
American  ship  of  war  had  seized  in  America  a  vessel  which  was  held 
upon  the  evidence  to  have  become  Danish  property.  The  Court  Avas 
of  opinion  that  the  orders  issued  by  the  American  government  were 
siich  as  might  well  have  misled  the  captor;  but  it  was  decided  (the 
judgment  being  delivered  by  a  most  eminent  laAvyer,  Chief  Justice 
Mai'shall)   that   the   claimants  were   entitled  to   costs   and   damages 


APPENDIX. — SECTION   I.  323 

against  the  captors  (thougb  not  vindictive  damages,  wliicli  had  been 
awarded  in  the  Court  below),  and  that  the  officer,  if  he  had  acted  in 
obedience  to  orders,  or  had  been  misled  by  his  Government,  must  be 
indemnified  by  the  State.  Precisely  the  same  doctrine,  though  with- 
out reference  to  this  decision,  was  laid  down  some  years  afterwards 
iu  the  case  of  the  Actceon  (2  Dods.,  51).  There  an  American  ship, 
sailing  under  a  British  license,  had  been  captured  by  one  of  His 
Majesty's  frigates,  vmder  the  command  of  Captain  Capel,  who,  being 
unable  to  spare  men  to  take  charge  of  her,  had  destroyed  the  vessel 
and  cargo.  It  was  a  case,  therefore,  in  which  all  possible  suspicion  of 
selfish  or  improper  motives  for  the  capture  were  out  of  the  question  ; 
yet  Lord  Stowell  decreed  restitution  with  costs  and  damages,  and  laid 
down  the  principles  of  his  decision  in  these  terms  : — "  This  question 
arises  on  the  act  of  destruction  of  a  valuable  ship  and  cargo  by  one  of 
His  Majesty's  cruisers.  On  the  part  of  the  claimants  restitixtion  has 
been  demanded,  and  there  can  be  no  doubt  they  are  entitled  to  receive' 
it ;  indeed,  I  understand  that  it  is  not  now  opposed  by  the  captor 
himself,  but  it  remains  to  be  settled  what  is  to  be  the  measure  of 
restitution,  and  how  far  it  is  to  be  carried.  The  natural  rule  is,  that 
if  a  party  be  unjustly  deprived  of  his  property,  he  ought  to  be  put  as 
near  as  possible  in  the  same  state  as  he  was  before  the  deprivation 
took  place— technically  speaking,  he  is  entitled  to  restitution  with 
costs  and  damages.  This  is  the  general  rule  upon  the  subject,  but, 
like  all  other  general  rules,  must  be  subject  to  modification.  If,  for 
instance,  any  circumstances  appear  which  show  that  the  suffering- 
party  has  himself  furnished  occasion  for  the  capture — if  he  has  by  his 
own  conduct  in  some  degree  contributed  to  the  loss — then  he  is 
entitled  to  a  somewhat  less  degree  of  compensation  to  what  is  techni- 
cally called  simple  restitution.  This  is  the  general  rule  of  law  appli- 
cable to  cases  of  this  description,  and  the  modification  to  which  it  is 
subject;  neither  does  it  make  any  difference  whether  the  party  inflict- 
ing the  injury  has  acted  from  improper  motives  or  otherwise.  If  the 
captor  has  been  guilty  of  no  wilful  misconduct,  but  has  acted  from 
error  and  mistake  only,  the  suffering  party  is  stiU  entitled  to  fuU 
compensation,  provided,  as  I  before  observed,  he  has  not,  by  any 
conduct  of  his  own,  contributed  to  the  loss."  His  Lordship  then,  after 
observing  that  the  act  of  Captain  Capel  in  destroying  the  vessel  might 
have  been  a  very  meritorious  act  as  regarded  his  own  Government, 
and  that  he  was  not  chargeable  with  any  corrupt  or  malicious  motives, 
but  acted  in  all  probability  in  obedience  to  orders,  concludes  his 
judgment  in  these  words  : — "  But  this  wiU  not  affect  the  right  of  the 
American  claimant,  whom  I  must  pronounce  to  be  entitled  to  restitu- 
tion with  costs  and  damages ;  and  I  beg  it  may  be  understood  that  1 


324  APPENDIX.  —  SECTION   I. 

do  so  without  meaning  in  the  slightest  degree  to  throw  any  imputation 
on  the  conduct  or  character  of  Captain  Capel,  but  merely  for  the 
purpose  of  giving  a  due  measure  of  restitution  to  the  claimant."  This 
judgment  was  pronounced  by  Sir  William  Scott  in  the  month  of  April, 
1815,  almost  at  the  very  close  of  the  war,  and  it  is  in  perfect  con- 
formity with  the  rules  laid  down  at  its  commencement,  in  the  paper 
already  referred  to,  in  the  year  1794.  The  same  decision,  on  the 
same  grounds,  was  pronounced  by  the  same  learned  judge  immediately 
afterwards,  in  the  case  of  the  Riifiis.  It  is  needless  to  refer  to  all 
the  other  cases  which  were  cited  at  the  bar,  but  there  is  one  large 
class  which  so  strongly  illustrates  the  principle,  that  it  may  be  proper 
to  advert  to  it.  We  allude  to  what  are  called  the  Cape  Nicola  Mole 
cases.  In  the  early  part  of  the  last  war,  a  number  of  French  and 
Dutch  vessels  and  cargoes  were  captured  by  British  ships,  and  sent  in 
for  adjudication  to  the  Court  of  Admiraltj^  of  St.  Domingo.  Several 
of  the  ships  and  cargoes  were  condemned,  and  the  proceeds  of  the 
captures  distributed  in  the  years  1797  and  1798.  It  was  afterwards 
discovered  that,  although  the  Court  of  St.  Domingo  was  properly  con- 
stituted as  a  Civil  Court  of  Admiralty,  and  His  Majesty's  instructions 
had  been  addressed  to  it  as  a  Prize  Court,  yet,  by  mistake,  no  warrant 
had  been  issvied  to  give  it  a  prize  jurisdiction  against  France  or 
Holland,  although  there  had  been  a  prize  warrant  against  Spain. 
Some  time  afterwards  some  of  the  owners  of  the  captured  property, 
having  discovered  this  error,  the  effect  of  which  was  that  the  Court 
had  no  jurisdiction,  instituted  proceedings  in  the  High  Court  of 
Admiralty,  calling  upon  the  captors  to  proceed  to  adjudication.  These 
proceedings  were  instituted  nearly  two  years  after  the  sentence,  when 
the  property  had  been  distributed,  the  crews  dispersed,  the  papers 
probably  lost  or  destroyed,  and  when  it  was  scarcely  probable  that 
the  truth  of  the  cases  could  be  made  to  appear  on  the  part  of  the 
captors.  In  one  of  these  cases  Lord  Stowell,  in  1801,  overruled  the 
protest  of  the  captors  against  the  proceedings  ;  and  in  1804,  in  deter- 
mining a  question  upon  the  Registrar's  Report  (the  Driver,  5  Rob. 
145),  he  speaks  of  it  "  as  one  of  that  unfortunate  class  of  cases  in 
which  this  Court  has  felt  itself  under  the  necessity  of  decreeing  resti- 
tution with  costs  and  damages."  In  all  these  cases  where  restitution 
was  ordered,  we  believe  that,  on  reference  to  the  Registrar's  books,  it 
will  be  foimd  that  the  captors  were  condemned  in  the  costs  of  the 
proceedings  in  the  Court  at  Cape  Nicola  Mole.  Surely,  if  the  absence 
of  misconduct  on  the  part  of  the  captors — if  honest  error,  occasioned 
by  the  blunders  of  the  Government,  or  the  consideration  of  hardship 
upon  individual  officers  acting  in  discharge  of  their  duties,  could  in 
any  case  afford  a  protection  against  the  claims  of  a  neutral,  such  pro- 


APPENDIX. SECTION    I.  325 

tectiou  would  have  been  afforded  by  the  circumstances  of  these  cases. 
Yet  the  captors  were  held  liable  by  the  Court  of  Admiralty,  and  were 
afterwards,  we  understand,  indemnified  at  the  expense  of  the  public. 
To  apply,  then,  these  rules  to  the  facts  of  this  case,  it  appears  that  the 
ship  was  captured  on  the  ground  of  some  supposed  breach  of  bloclsade. 
The  mate,  on  his  examination,  says  : — "  I  did  not  hear  of  any  port  or 
place  being  blockaded  until  the  1st  of  June,  1854,  when  we  were  taken. 
When  they  came  on  board,  they  told  us  there  was  a  blockade,  and 
asked  us  if  we  did  not  know  it."  The  master  says  :  "I  did  not  know 
of  any  blockade  whatever.  I  did  not  hear  of  any  blockade.  It  is 
true  I  heard  from  Sir  C.  Napier  after  the  capture  that  I  had  broken 
the  blockade ;  but  I  did  not  kno^yingly  enter  or  leave  any  blockaded 
port,  place,  river,  or  coast.  I  did  not  hear  of  it  except  from  Sir  C. 
Napier,  on  the  morning  following  the  day  of  capture.  He  sent  a  boat 
for  me,  and  I  was  taken  on  board  the  Admiral's  ship,  and  he  told  me 
of  it,"  This  is  all  that  appears  upon  the  evidence  with  respect  to  the 
grounds  of  seizure  ;  but  the  papers  on  board  the  ship  distinctly  showed 
the  port  from  which  she  had  sailed,  and  that  to  which  she  was 
addressed ;  and  it  may  not  be  immaterial  to  observe  that,  although 
some  of  these  documents  were  in  languages  of  which  English  seamen 
might  well  be  supposed  ignorant,  yet  the  material  facts  are  stated  in 
an  English  certificate,  signed  by  the  British  Vice-Consul  at  Rostock, 
From  these  papers  it  appeared  that  she  had  sailed  from  Cronstadt,  and 
was  bound  for  Elsinore  for  orders.  We  take  it  for  granted,  therefore, 
that  it  was  for  a  supposed  breach  of  blockade  in  sailing  from  Cronstadt 
that  she  was  seized,  and  this  is  the  only  ground  upon  which  the  case 
was  rested  on  the  argimient  before  iis.  Now,  in  order  to  justify  a 
condemnation  for  breach  of  blockade,  three  things  must  be  proved, — 
1st.  The  existence  of  an  actual  blockade;  2ndly.  The  knowledge  of 
the  party  ;  3rdly.  Some  act  of  violation,  either  by  going  in  or  coming 
out  with  a  cargo  laden  after  the  commencement  of  the  blockade. — The 
Betsy  (1  Rob.,  93).  The  instructions  to  Her  Majesty's  commanders 
upon  this  subject  for  the  present  war  are,  That  if  any  vessel  shall  be 
found  coming  out  of  any  blockaded  port,  which  she  shall  have  entered 
previously  in  breach  of  such  blockade,  or  if  she  shall  have  any  goods 
on  board  laden  after  knowledge  of  the  blockade,  such  ship  and  goods 
shall  be  seized  and  sent  in  for  adjudication  (Article  X).  Now,  when 
this  ship  was  seized,  was  there  any  reasonable  ground  for  suspicion 
that  she  was  liable  to  seizure  under  these  instructions  1  It  appeared 
distinctly  upon  her  papers,  as  the  facts  upon  inquiry  turn  out  to  be, 
that  on  the  25th  March,  1854,  before  the  declaration  of  war  against 
Russia,  this  ship  was  on  her  voyage  from  Leith  to  Cronstadt ;  that 
she  was  on  that  day  chartered  for  a  voyage  with  a  cargo  of  wheat  from 


32G  APPENDIX. — SECTION    I. 

Cronstadt  to  England,  or  countries  in  alliance  or  amity  with  England, 
according  to  orders  which  she  might  receive  at  Elsinore  ;  that  on  tlie 
10th  May,  the  shipment  of  her  cargo  had  been  completed;  and  that 
by  the  16th,  she  had  complied  with  all  the  formalities  required  to 
enable  her  to  leave  Cronstadt;  and  that  when  she  was  taken,  she  was 
on  her  direct  course  from  that  port  to  Elsinore.  Cronstadt  was  not 
blockaded  at  the  time  she  entered  that  port,  nor  at  the  time  when  she 
took  her  cargo  on  board,  nor  at  the  time  when  she  left  Cronstadt,  nor 
even  at  the  time  when  she  was  captured,  nor  for  more  than  three 
weeks  afterwards,  and  no  blockade  of  Cronstadt  had  been  proclaimed, 
either  by  the  British  Clovernment  or  by  the  Admiral.  It  is  said  that 
the  Admiral  had,  on  the  16th  April,  In  Kioge  Bay,  proclaimed  an 
intention  of  blockading  all  Russian  ports,  and  that  certain  ports  in 
the  Gulf  of  Finland  were  actually  blockaded  on  the  28th  May,  and, 
perhaps,  at  an  earlier  period,  but  there  was  not  the  slightest  ground 
for  suspecting  that  this  ship  had  left  any  other  port  than  Cronstadt, 
or  had  any  intention  of  entering  any  other  Russian  port.  What  colour 
of  reason,  then,  could  there  be  for  seizing,  under  such  circumstances, 
this  vessel,  which  did  not  fall  under  any  one  of  the  conditions  which 
are  required  by  the  instructions  to  concur,  in  order  to  justify  sending 
in  the  ship  for  adjudication?  It  is  said  that  there  was  a  confusion 
with  respect  to  the  blockades  in  the  Baltic,  and  the  several  Gulfs  of 
Finland,  Riga,  and  Bothnia.  But,  in  the  first  place,  with  respect  to 
the  port  of  Cronstadt,  we  find  no  trace  in  the  evidence  of  any  con- 
fusion or  doubt  as  to  the  period  "when  the  blockade  commenced,  and 
if  there  had  been,  it  was  a  confusion  created  only  by  the  acts  and  in 
tlic.  minds  of  Her  Majesty's  officers,  and  could  not,  therefore,  according 
to  the  principles  which  we  have  collected  from  the  authorities,  have 
aflbrded  any  answer  to  a  neutral  perfectly  innocent  of  all  fault,  and 
not  by  any  act  or  neglect  of  his,  voluntary  or  involuntary,  exposed  to 
any  suspicion.  But  it  is  said  that  although  there  might  be  no  ground 
for  suspecting  this  ship  of  breach  of  blockade,  yet  a  captor  is  not 
confined  to  the  case  upon  which  the  seizure  was  made,  and  that  a 
vessel  sent  in  for  adjudication  upon  one  ground  may,  if  the  facts 
warrant  it,  be  subjected  to  condemnation  on  another.  Of  this  rule 
there  is  no  doubt.  Whether,  when  a  ship  is  sent  in  for  adjudication 
as  a  neutral,  and  there  appears  to  be  no  reasonable  cause  for  having 
sent  her  in  as  such,  a  captor  can  excuse  himself  from  costs  and 
damages  by  alleging  irregularities  in  her  papers,  which  might  have 
led,  but  did  not  in  fact  lead,  him  to  doubt  her  neutrality,  is  a  question 
which  it  will  be  time  enough  to  consider  when  it  arises.  This 
question  as  regards  non-commissioned  captors  is  discussed,  and  in 
our   opinion   most  properly   decided    by   the    learned    judge   of   the 


i 


I 


APPENDIX. — SECTION   I.  327 

Admiralty,  in  the  case  of  the  sloop  Wilhehnina  (1  Spinks,  31).  In  this 
case  it  is  not  open  to  doubt  iipon  the  evidence,  that  the  Ostsee  was  in 
truth  a  neutral  ship,  and  nothing  suspicious  is  found  on  board  her ; 
but  it  is  said  that  she  ought  to  have  had  on  board  a  sea-pass  from 
the  Mecklenburg  Government,  describing  and  identifying  her,  and 
that  no  such  pass  is  amongst  the  documents  produced.  It  is  very 
true  that  no  such  document  is  found  there,  but  unfortunately  in 
this,  as  well  as  in  other  respects,  there  has  been  some  irregularity  on 
the  part  of  the  captors.  By  the  Act  17  Vict.  c.  18,  it  is  enacted,  and, 
by  her  Majesty's  instructions  in  conformity  with  the  Act,  it  is  ordered 
(Art.  II.),  that  the  captor  shall  bring  into  Court  all  books,  papers, 
passes,  sea-briefs,  and  other  documents  and  writings  whatsoever,  as 
shall  be  delivered  up  or  found  on  board  any  captured  vessels,  and  the 
captor,  or  one  of  his  chief  oflicers,  or  some  other  person  who  was  pre- 
sent at  the  capture,  and  saw  the  said  papers  and  writings  delivered  up 
or  otherwise  on  board  at  the  time  of  the  capture,  shall  make  oath  that 
the  said  papers  and  writings  are  brought  in  as  they  were  received,  and 
taken  without  any  fraud,  addition,  subduction,  alteration,  or  embezzle- 
ment whatsoever,  or  otherwise  shall  account  for  the  same  upon  oath, 
to  the  satisfaction  of  the  Court.  It  is  obvious  that  unless  the  p.apers 
are  verified  in  the  manner  pointed  out  by  these  instructions — that  is 
hv  the  oath  of  some  person  who  saw  them  taken — there  can  be  no 
security  that  the  papers  brought  in  are  all  the  papers  on  board  the 
ship.  Now  in  this  case,  neither  the  captor,  nor  any  person  present  at 
the  capture,  nor  any  person  who  can  have  any  personal  knowledge 
whatever  on  the  subject,  has  made  the  affidavit.  It  appears  that  a 
gentleman  named  Huxham,  one  of  the  officers  on  board  of  the  Duke 
of  Wellington,  the  flag-ship,  was  sent  home  in  charge  of  this  vessel,  and 
he  brings  in  certain  papers,  which  he  swears  were  all  that  were  deli- 
vered to  him  by  Captain  Otter,  with  certain  exceptions,  which  he  spe- 
cifies and  accounts  for.  On  the  other  hand,  the  master,  Voss,  in  his 
answer  to  the  7th  interrogatory,  states  that  the  ship  had  a  sea-pass  on 
board  from  the  Mecklenburg  Government,  and  in  his  answer  to  the 
28th  interrogatory  he  says  it  was  on  board  when  he  took  command  of 
the  ship,  and  previously  thereto.  Now  when  it  is  remembered  that, 
from  the  nature  of  the  case,  Mr.  Huxham's  affidavit  oifers  no  contra- 
diction to  this  statement,  and  that  the  supposed  absence  of  this  paper 
appears  to  have  excited  no  remark  at  the  time  of  the  capture,  and  to 
have  occasioned  no  doubt  as  to  the  ship's  neutrality,  it  is  impossible 
to  attribute  any  weight  to  this  circumstance.  We  will  now  advert 
to  the  principal  cases  cited  for  the  respondents,  by  which  it  was  argued 
that  the  rules  which  we  have  above  stated  were  modified,  or  exceptions 
engrafted  upon  them  which  are  sufficient  to  protect  the  captors;  but 


328  APPENDIX. — SECTION   I. 

in  doing  SO  we  must  premise  that,  unless  the  rule  itself  be  qualified,  its 
stringency  is  not  affected  by  the  circumstance  that  it  may  not  always 
have  been  applied  by  the  judge  who  lays  it  down,  to  cases  in  which 
those  who  are  bound  by  its  authority  may  consider  that  it  was  appli- 
cable. The  application,  of  course,  must  depend  upon  the  opinion  of 
the  judge  in  each  particular  case.  The  first  case  relied  on  was  the 
Betsy  (Murphy,  1  Rob.  93).  There  an  American  ship  was  found  in  the 
harbour  of  Guadaloupe,  at  the  time  when  the  island  was  captured  bj"^ 
the  British  forces.  There  were  circumstances  which,  in  the  opinion 
of  Lord  Stowell,  threw  great  doubt  upon  the  point  whether  she  was 
neutral  or  enemies'  property,  and  made  a  seizure  justifiable,  for  the 
purpose  of  further  inquiry.  The  learned  judge,  it  is  true,  remarks  that 
the  question,  whether  there  was  or  not  a  blockade  in  existence  when 
the  ship  entered  the  port,  was  one  of  nicety,  which  had  only  been 
recently  decided  by  the  Lords  of  Appeal,  and  required  more  legal  dis- 
crimination than  could  be  required  from  military  persons,  but  he  does 
not  appear  to  have  rested  his  judgment  upon  that  grovind.  The  next 
case  relied  on  was  the  Luna  (Edwards's  Rep.  190),  which  is  no  doubt 
a  strong  decision ;  for  in  the  case  of  a  capture  made  from  a  neutral, 
under  a  mistaken  construction  by  the  captors  of  a  British  order  in 
council,  the  learned  judge  not  only  relieved  the  captors  from  costs  and 
damages,  but  gave  them  their  expenses  out  of  the  captured  property. 
It  must  be  admitted  that  the  mistake  of  the  captors  was  not  an  luina- 
tural  one;  they  thought  that  an  order  in  council  of  April  2G,  1809, 
which  declared  a  strict  blockade  "  of  all  ports  and  places  under  the 
Government  of  France,  together  with  the  colonies,  plantations,  and 
settlements  in  the  possession  of  that  Government,"  extended  to  San 
Sebastian,  in  Spain,  which  was  then,  and  had  been  for  two  years,  in 
the  possession  of  the  French.  The  facts  of  the  case  are  not  stated  in 
the  report  so  fully  as  to  enable  ixs  to  form  an  accurate  judgment  of  the 
degree  of  suspicion  which  might  really  attach  to  the  ship.  The  ques- 
tion of  expenses  does  not  seem  to  have  been  argued,  and  Lord  Stowell 
probably  felt  that  he  was  going  to  the  very  verge  of  the  law,  for  he 
declares  that  he  will  not  allow  the  same  indulgence  in  future  cases. 
This  judgment  was  pronounced  in  the  year  1810,  during  the  conflict 
between  the  French,  Berlin,  and  Milan  decrees  on  the  one  hand,  and 
the  retaliatory  British  orders  in  coimcil  on  the  other.  Whatever  may 
be  thought  of  the  particular  decision,  the  general  rule  with  its  modi- 
fications is  laid  down  five  years  afterwards,  in  the  case  of  the  Aetceon, 
by  the  same  learned  judge  in  the  terms  which  we  have  stated.  If, 
however,  these  cases  be  held  to  establish  the  principle  that  there  may 
be  questions  of  so  much  nicety  in  the  construction  of  pviblic  documents, 
or  the  determination  of  unsettled  points  of  law,  as  to  exonerate  captors 


APPENDIX. SECTION    X.  329 

from  what  would  ordinarily  be  the  consequence  of  their  mistake,  they 
will  not  much  assist  the  argument  of  the  respondents  here,  where 
no  questions  of  law  of  any  kind  appear  to  have  existed.  The  other 
authorities  mainly  relied  on  by  the  respondents  do  not  relate  to  dis- 
putes between  belligerents  and  neutrals.  They  are  either  cases  in 
which  the  rights  of  belligerents  only  were  involved,  as  where  captures 
had  been  made  by  one  belligerent  from  another,  in  ignorance  that 
peace  had  been  restored — or  where  no  belligerent  rights  at  all  were 
involved,  as  in  the  captures  of  ships  engaged  in  the  slave  trade.  The 
rules  laid  down  in  these  cases  may  have  an  indirect,  but  only  an  in- 
direct, application  to  questions  between  belligerents  and  neutrals. 
The  case  of  the  John  (2  Dods.  336),  was  of  the  former  class.  There,  a 
ciiptttre'oT  an  American  vessel  *had  been  made  by  a  British  cruiser  in 
ignorance  that  war  between  Great  Britain  and  America  had  ceased, 
and  the  prize  having  been  lost  by  unavoidable  accident,  the  captor 
was  called  upon  for  restitution.  The  case  was  one  which,  as  the 
learned  judge  intimates,  might  be  provided  for  by  the  treaty  of 
peace  between  the  two  nations,  and  on  which,  as  between  them, 
there  might  or  might  not  be  a  claim  against  the  British  Govern- 
ment according  to  its  terms,  and  according  as  the  British  Govern- 
ment had  or  had  not  taken  due  means  for  giving  notice  of  the 
peace  to  its  officer,  and  he  lays  it  down  that  the  officer,  being  under 
invincible  ignorance,  and  being  in  possession  bond  fide,  was  not  respon- 
sible for  the  loss  which  had  occurred.  In  another  case  of  the  same 
kind — the  Mentor  (1  Rob.  158) — Lord  Stowell  seems  to  have  thought 
that  when  an  act  of  mischief  was  done  by  the  King's  officers,  though 
through  ignorance,  it  would  not  necessarily  follow  that  they  would  be 
protected  from  civil  responsibility,  but  that  the  party  injured  might 
resort  to  a  court  of  prize,  and  that  the  officer  must  look  to  his  own 
Government  for  reimbursement.  Whether  all  the  doctrines  laid  down 
in  these  two  cases  are  quite  consistent  with  each  other  may,  perhaps, 
admit  of  some  doubt ;  but  they  belong,  as  we  have  already  observed, 
to  a  different  class  of  cases  from  that  which  we  have  to  decide  ;  and  if 
all  the  doctrines  found  in  the  John  were  applied  to  a  case  between 
neutrals  and  belligerents,  they  would  afford  no  protection  to  the 
captors  here,  where  there  was  no  invincible  ignorance,  where  every- 
thing depended  on  the  admiral's  own  acts,  whether  he  had  or  had  not 
established  a  blockade  of  Cronstadt.  It  was  then  urged  that  the  cap- 
tors, having  acted  bond  fide,  ought  to  be  indemnified  by  Her  Majesty's 
Government,  and  that  there  are  cases  in  which  the  Court  of  Admiralty 
has  either  made  an  order  against  the  Government,  or  has  refused  to 
make  an  order  against  the  captor,  vuiless  the  Government  would  under- 
take to  indemnify  him.     The  casj^es  relied  on  for  this  purpose  are  the 

2  V 


330  APPENDIX. SKCTION    1. 

Zacheman  (5  Rob.,  153),  and  the  St.  Juan  Nepomucevo  (1  Hagg.,  265). 
In  the  former,  the  Crown,  havhig  by  treaty  the  right  of  pre-emption  of 
certain  goods  seized  as  contraband,  had  improperly  delayed  to  exercise 
such  right.     In  the  latter,  the  slaves,  the  value  of  Avhich  was  sought  to 
be  recovered,  had  been  liberated  by  the  Crown.     In  both  these  cases 
the  Crown  either  had  taken,  or  had  the  right  to  take,  the  property,  the 
value  of  which  was  demanded  from  the  captors.     In  neither  was  any 
order  made  against  the  Government,  nor  is  it  easy  to  see  how  any 
could  have  been  made.     But  it  is  sufficient  to  say  that  in  the  case 
before  lis  no  blame  of  any  kind  appears  to  be  imputable  to  the  Govern- 
ment.    They  had  contributed  by  no   act  or  default  of  theirs  to  the 
capture.     They  had  not  at  the  time  Vvhen  it  took  place  proclaimed 
any  blockade  of  Cronstadt,  nor  done  anything  to  mislead  the  naval 
officers  in  that  respect.     Whether,  in   any  case  where  Her  Majesty's 
naval  officers  may  have  acted  wrongfully  as  regards  neutrals,  but  are 
liable  to  no  imputation  of  wilful  misconduct,  it  may  or  it  may  not  be 
expedient,  with  a  view  to  the  efficiency  of  the  navy  and  the  interest  of 
the  public  service,  to  indemnify  such  officers  at  the  public  expense 
against  the  legal  consequences  of  their  acts,  must  be  left  to  the  con- 
sideration of  those  who  are  entrusted  with  the  executive  authority  of 
the  Crown.     Sitting  here  judicially  we  can  only  administer  the  law  as 
we  find  it  between  the  claimants  and  the  captors.     It  is  then  said  that 
in  this  case  the  sending  in  the  ship  must  be  treated  as  the  act  of  the 
admiral,  and  not  of  Captain  Otter.     When  a  subordinate  officer  does 
an  act  under  the  immediate  order  of  his  superior,  it  may  well  be  that 
the    superior  officer   should   be   responsible  for   it.      The   principles 
applicable  to  this  subject  are  discussed  and  explained  in  the  Mentor, 
already  referred  to,  and  the  Eleanor,  before  the  American  courts,  in 
1817   (reported  2  Wheat.,  357).     But  here  we  are  dealing  with  the 
actual  captor,  who  demands  adjudication  of  the  ship  and  cargo,  and 
Avho,  for  all  purposes  of  this  suit,  must  be  treated  as  the  party  respon- 
sible  to    the   claimant.      With  any  rights    or  liabilities    as  between 
Captain  Otter  and  Sir  C.  Napier  we  have  here  nothing  to  do.     It  is 
then  said  that  if  the  captors  had  been  admitted  to  prove  the  circum- 
stances of  the  capture  the  case  might  have  worn  a  different  aspect. 
But  the  principle  of  the  prize  court  is  that  the  case  is,  in  the  first 
instance,  to  be  tried  on  evidence  coming  from  the  captured  ;  and  if, 
upon  such  evidence,  no  doubt  arises,  the  property  is  to  be  restored 
instantly — to    use  the   expression  of  Lord  Mansfield,   in   "  Liudo  v. 
Rodney"  (2  Doug.,  614)  —velk  levatis.     The  liberty  to  enter  into  proof 
on  the  part  of  the  captors  is  rarely  granted,  and  is  attended  with  great 
inconvenience,  as  is  well  explained  by  Lord  Stowell,  in  the  case  of  the 
Haubet  (6  Rob.  54).      No   doubt  the  circumstance  that  the  case  is 


APPENDIX. SECTION    I.  331 

decided  exclusively  upon  evidence  proceeding  from  the  claimants  is 
deserving  of  great  attention,  when  it  is  sought  to  condemn  captors  in 
costs  and  damages,  and  makes  it  fit  that  the  court  should  look  vpith 
great  jealousy  at  the  evidence,  with  a  view  to  see  whether  there  might 
not  Jije  reasonable  ground  of  seizure,  before  it  pronounces  such  a 
decree.  But  we  can  see  in  the  case  before  us  nothing  to  excite  any 
suspicion,  or  to  induce  us  to  think  that,  if  an  application  for  liberty  to 
give  evidence  on  the  part  of  the  captors  had  been  made  in  proper  time, 
it  ought  to  have  been  complied  with,  or,  if  complied  with,  would  have 
altered  the  complexion  of  the  case.  However  that  may  be,  we  do  not 
mean  in  any  degree  to  affect  the  rules  of  law  iipon  this  point  as  they 
now  exist.  In  the  present  case  the  captor  was  aware,  before  the 
cause  came  on,  of  the  question  which  alone  was  to  be  discussed  ;  if  he 
thought  his  case  could  be  bettered  by  further  proof,  and  that  he  was 
entitled  to  give  it,  he  should  have  applied  for  such  liberty  before  the 
case  was  heard,  and  he  cannot  reasonably  make  such  an  application 
after  the  hearing.  It  is  then  said  that  there  is  a  distinction  to  be 
made  in  these  cases  between  officers  of  Her  Majesty's  navy  and  pri- 
vateers ;  that  the  Court  has  a  large  discretion  in  such  subjects,  and 
ought  not  to  press  with  severity  upon  men  who  are  acting  in  the  dis- 
charge of  a  difficult  and  important  duty  ;  that,  for  many  purposes, 
there  is  a  clear  distinction  to  be  made  between  public  and  private 
ships  of  war — and  that  there  are  the  strongest  reasons  for  making 
such  distinction  can  admit  of  no  doubt ;  but  as  regards  the  particular 
rule  in  question,  that  a  capture  without  probable  or  reasonable  cause 
exposes  the  captors  to  condemnation  in  costs  and  damages,  we  find 
it  laid  down  in  the  text-books  and  the  decided  cases,  both  foreign 
and  domestic,  as  applicable  to  captors  generally,  to  public  and  private 
ships  indifferently.  In  the  case  of  the  Lively  (1  Gal.  327),  Mr. 
Justice  Story  states  distinctly,  "  Public  and  private  ships  must 
be  governed  by  the  same  principle."  Again,  as  to  the  discretion 
to  be  exercised  by  the  Court  :  When  the  application  of  a  rule 
depends  on  the  absence  or  existence  of  misconduct  in  both  or  either 
of  the  litigants,  the  greater  or  less  degree  of  that  misconduct,  the  ex- 
istence or  absence  of  suspicion  attaching  to  a  particular  ship  or  cargo, 
the  greater  or  less  degree  of  it,  and  the  causes  to  which  it  is,  in  whole 
or  in  part,  to  be  attributed ;  it  is  obvious  that  there  must  necessarily 
be  a  very  large  discretion  left  to  the  Judge,  for  scarcely  any  two  cases 
can  in  all  such  respects  be  precisely  the  same.  But  when  once,  in  the 
opinion  of  the  Judge  with  Avhom  the  decision  rests,  a  particular  case 
is  brought  clearly  within  a  particular  rule,  it  should  seem  that  his  dis- 
cretion is  at  an  end.  It  is  not  a  question  merely  of  costs  of  suit,  but 
of  reparation  for  a  wrong  which,  when  accidental  loss  has  afterwards 


332  APPENDIX. SECTION    I. 

occurred,  may  extend  to  the  whole  value  of  the  ship  and  cargo.  Now,  if 
we  were  at  liberty  to  relax  settled  rules  upon  our  own  notions  of  justice 
and  policy,  are  we  quite  prepared  to  say  that  we  should  do  so  in  this 
instance  ?  The  law  which  we  are  to  lay  down  cannot  be  confined  to 
the  British  navy ;  the  rule  must  be  applied  to  captors  of  all  nations. 
No  country  can  be  permitted  to  establish  an  exceptional  rule  in  its 
own  favour,  or  in  favour  of  particular  classes  of  its  own  subjects.  On 
the  law  of  nations,  foreign  decisions  are  entitled  to  the  same  weight 
as  those  of  the  country  in  which  the  tribunal  sits.  America  has 
adopted  almost  all  her  principles  of  prize  law  from  the  decisions  of 
English  Courts ;  and  whatever  may  have  been  the  case  in  former 
times,  no  authorities  are  now  cited  in  English  Courts,  in  cases  to  which 
they  are  applicable,  with  greater  respect  than  those  of  the  distin- 
guished jurists  of  France  and  America.  Whatever  is  held  in  England 
to  justify  or  excuse  an  officer  of  the  British  navy,  will  be  held  by  the 
tribunals  of  every  country,  both  on  this  and  the  other  side  of  the 
Atlantic,  to  justify  or  excuse  the  captors  of  their  own  nation.  By 
the  usage  of  all  countries,  captors  have  a  great  interest  in  increasing 
the  number  of  prizes.  The  temptation  to  send  in  ships  for  adjudica- 
tion is  sufficiently  strong.  Is  it  too  much  to  say  that  where  no  ground 
of  suspicion  can  be  shown,  and  all  that  the  captor  can  allege  is,  that 
he  did  wrong  under  a  mistake,  he  should  make  good  in  temperate 
damages  the  injury  which  he  has  occasioned?  Ought  a  captor  to  be 
permitted  to  say  to  the  captured,  "  True,  nothing  suspicious  appeared 
in  your  case  at  the  time  of  seizure,  but  upon  further  inquiry  some- 
thing might  have  been  discovered?  I  had  a  right  to  take  my  chance  ; 
you  have  nothing  to  complain  of.  I  subjected  you  to  no  unnecessary 
inconvenience — go  about  your  business,  and  be  thankful  for  your 
escape."  We  cannot  think  that  this  would  be  deemed  a  satisfactoi*y 
answer  to  a  British  neutral  seized  bya  foreign  belligerent.  Upon  the 
whole,  therefore,  after  the  most  anxious  consideration,  having  sought 
in  vain  for  any  circumstances  which  could  afford  in  this  case  a  probable 
cause  for  capture,  we  cannot  hold  the  captors  exempted  from  all 
responsibility,  though  the  damage  will,  in  all  probability,  prove  to  be 
but  small.  The  amount  must  be  referred  to  the  registrar  in  the  usual 
way,  but  we  shall  advert  to  some  circumstances  which  ought  to  be 
attended  to  in  making  the  computation.  No  complaint  is  made  of  any 
vexatious  conduct  on  the  part  of  the  captors,  or  of  any  undue  delay 
in  sending  home  the  vessel.  London  appears  to  have  been  one  of  the 
ports  to  which  the  charter-party  provided  that  she  might  be  sent.  For 
any  delay  which  may  be  attributable  to  the  claimants  themselves,  the 
captors  of  course  cannot  be  held  responsible.  The  exact  time  of  the 
ship's  arrival  in  London  does  not  appear.     It  was  stated  at  the  bar  to 


APPE>D1X. SECTION    I.  .  333 

have  been  on  the  26th  of  June.  On  the  3rd  July  a  monition  was  taken 
out,  and  the  ship's  papers  were  brought  in;  on  the  6th  the  monition 
was  posted  up  at  the  Royal  Exchange ;  and  on  the  7th  July  the  exa- 
mination of  the  witnesses  in  prceparalorio  was  completed.  It  seems 
probable  that  as  the  ship  had  previously  traded  with  this  country,  and 
one  of  her  contemplated  destinations  was  the  east  coast  of  England, 
the  owners,  or  at  all  events  Brockelman,  the  part  owner  of  the  ship, 
and  the  sole  OAvner  of  the  cargo,  had  agents  in  this  country.  On  the 
loth  July,  at  all  events,  the  present  claimant  came  forward  and  gave 
bail ;  but  his  claims  were  not  consistent  with  the  fact,  for  he  alleged 
Brockelman  to  be  the  sole  owner,  both  of  the  ship  and  cargo,  omitting 
the  other  part  owners  of  the  ship,  and  no  affidavit  accompanied  the 
claim.  An  amended  claim  and  affidavit  were  afterwards  brought  in, 
but  not  till  the  31st  July.  On  the  2nd  Aiigust  an  offer  was  made  by 
the  captors  to  restore  on  payment  of  their  expenses,  and  no  answer 
was  returned  to  this  till  the  10th,  when  the  claimants  rejected  it,  ex- 
pressing their  hope  of  obtaining  2,000Z.  for  damages.  On  the  19th 
August  the  case  was  heard,  and  restitution  took  place.  We  think  that 
three  weeks  at  least  of  the  delay  in  this  case  must  be  imputed  to  the 
claimants,  and  that  in  respect  of  this  period  no  damage  or  demurrage 
mvist  be  allowed  to  the  ship  or  cargo.  We  shall  recommend  that  the 
claimants  have  their  costs  in  the  court  below,  but  that  no  costs  should 
be  given  of  this  appeal.  We  have  thought  it  fit  to  enter  so  fully 
into  the  grounds  of  our  decision,  not  only  on  account  of  the  great  im- 
portance of  the  general  principles  which  have  been  brought  into  dis- 
cussion, but  out  of  the  deference  which  we  must  always  feel  for  any 
opinion  of  the  learned  Judge  from  whom  we  are  compelled  to  differ, 
and  to  Avhose  deliberate  judgment,  if  it  were  consistent  with  our  duty 
to  do,  we  should  willingly  surrender  our  own.  But  this  case  seems  to 
have  passed  without  much  discussion  in  the  court  below — certainly 
without  that  full  examination  of  the  principles  and  the  authorities, 
both  in  this  and  foreign  countries,  for  which  we  are  indebted  to  the  able 
arguments  addressed  to  us  from  the  bar.  The  cases  in  which  during 
the  late  war,  restitution  was  attended  with  costs  and  damages,  turn 
out  upon  inquiry  to  be  more  numerous  than  was  supposed.  We  have 
been  guided  to  the  conclusion  at  which  we  have  arrived  by  what  we 
consider  to  be  established  principles.  They  appear  to  us  to  be  founded 
both  injustice  and  convenience,  reconciling  as  far  as  possible  (what  it 
is  very  difficult  to  reconcile)  the  conflicting  rights  of  belligerents  and 
neutrals.  We  have  adopted  them,  however,  not  upon  any  views  of 
our  own,  but  because  we  consider  them  to  have  been  recognised  and 
acted  upon  by  the  general  consent  of  nations. — Judgment  accordingly. 
CHARTER-PARTY  is  an  instrument  whereby  the  owner  of  the 


334  .  APPENDIX.  —  SECTION    I, 

vessel,  or,  in  his  absence  and  in  a  foreign  Port,  the  Captain,  hires  his 
ship  wholly,  or  in  part,  to  another  person  for  a  certain  sum  of  money, 
and  under  certa,in  conditions.  We  have  added  to  the  Precedents  in  the 
Appendix,  a  Charter-party  for  the  general  information  as  to  conditions 
frequently  introduced  therein.  It  is  extremely  difficult  to  give  any 
decision  on  disputes  accruing  from  particular  Charter-parties,  without 
having  the  same  before  us.  We  think  the  reader  cannot  do  better  than 
refer  to  Holt,  Steel,  and  Abbot  on  this  head. 

CONVOY  is  a  sailing  under  the  protection  of  a  ship,  or  man-of-war, 
or  fleet,  from  one  Port  to  another,  such  being  sanctioned  by  the  com- 
manding officer  of  the  protectionary  squadron.  In  the  late  wars  this 
was  specially  inserted  in  the  policies  of  insurance,  and  a  noncon- 
formity with  this  would  vitiate  the  policy. 

In  many  cases  Convoy  has  been  specially  mentioned  in  Treaties,  and 
more  particularly  in  the  following  : 

1795     Between  the  United  States  and  Prussia. 

1800  „         Denmark  and  Russia. 

1800  „         Prussia  and  Russia. 

1800  „         Russia  and  Sweden. 

1801  ,,         Great  Britain  and  Russia. 
1818  „         Denmark  and  Russia. 

CONTRABAND  OF  WAR.— It  is  a  very  difficult  question  to  decide 
what  may  or  may  not  be  contraband  of  war.  The  most  learned  wri- 
ters on  the  subject  state,  that  all  ammunition  or  munition  of  war,  as 
powder,  and  the  ingredients  thereof;  that  cannons,  mortars,  etc., 
used  for  actual  warfare  ;  also  steam  machinery,  which  may  be  used  for 
the  fitting  out  of  steam  vessels  of  war,  as  well  as  the  particles  thereof, 
tar,  pitch,  and  all  other  inflammable  articles,  in  fact,  anything  that  can 
in  actual  warfare  be  used  in  the  prosecution  of  the  war. 

As  regards  provisions, it  has  been  always  a  doubtful  question  whether 
they  can  be  considered  contraband  of  war  or  not.  It  is  true  that  they 
may  afibrd  the  very  sinew  to  the  enemy  wherewith  to  prosecute  the 
war,  but,  at  the  same  time,  may  on  the  other  hand  only  be  conveying 
sustenance  to  a  part  of  the  inhabitants  of  the  belligerent  state,  who 
are  not  actual  participators  in  the  war.  Under  these  circumstances 
we  must  incline  to  the  opinion  of  Grotius,  that  provisions  can  only 
be  considered  contraband  of  war  when  they  may  be  used  to  prevent 
a  famishing  garrison  either  yielding  to  an  enemy,  or  on  the  eve  of 
making  peace.  "  In  tertio  illo  genere  usus  ancipitis,  distinguendus  erit 
belli  status.  Nam  si  tueri  me  non  possum  nisi  quaj  mittuntur  interci- 
piam,  necessitas,  ut  alibi  exposuimus,  jus  dabit,  sed  sub  onere  restitu- 
tionis,  nisi  causa  alia  accedat.     Quod  si  juris  mei  executionem  rerum 


APPENDIX. SECTION    I.  335 

subvectio  impedierit,  idque  scire  potuerit  qui  advexit,  ut  si  oppidum 
obsessum  tenebam,  si  portus  clauses,  et  jam  deditio  aut  pax  exspecta- 
batur,  tenebitiir  ille  mibi  de  damno  culpa  dato,  ut  qui  debitorem  car- 
ceri  exemit,  aut  fugara  ejus  in  meam  fraudem  instruxit :  et  ad  damni 
^ati  modura  res  quoque  ejus  capi,  et  dominium  earum  debiti  conse- 
quendi  causa  quseri  poterit.  Si  damnum  nondum  dederit  sed  dare 
voluerit,  jus  erit  rerum  retentione  eum  cogere  ut  de  future  caveat  obsi- 
dibus,  pignoribus,  aut  alio  modo.  Quod  si  prseterea  evidentissima  sit 
hostis  mei  in  me  injustitia,  et  ille  eum  in  bello  iniquissimo  confirmet, 
jam  non  tantum  civiliter  tenebitur  de  damno,  sed  et  criminaliter,  ut  is 
qui  judici  imminenti  reum  manifestum  eximit ;  atque  eo  nomine  licebit 
in  eum  statuere  quod  delicto  convenit,  secundum  ea  quae  de  poenis 
diximus ;  quare  intra  eum  modum  etiam  spoliari  poterit." — Grotius, 
Lib.  III.  cap.  1.  s.  3. 

In  many  cases,  stipulations  as  to  what  was  to  be  denominated  contra- 
band of  war  have  been  inserted  in  Treaties  :  such,  however,  only  refer 
in  most  cases  to  munitions  of  war.  The  following  are  those  ratified, 
containing  articles  on  this  head  : 

1656     Between  Sweden  and  (Jreat  Britain. 

1661 

1662  „         Denmark  and  France. 

1667  ,,         Great  Britain  and  Spain. 

1669  „  „  „    Denmark. 

1686  „  „  ,,    Algiers. 

1711  „  „  „    France. 

1739  ,,         France  and  Holland. 

1742  „  „  „     Denmark. 

1751  ,,         Great  Britain  and  Tripoli. 

1766  ,,  „  „   Russia. 

1778  ,,         France  and  the  United  States. 

1780  ,,         Denmark  and  Great  Britain. 

1786  ,,         France  and  Great  Britain. 

1787  „  „        „     Russia. 

1794  „  the  United  States  and  Great  Britain. 

1798  ,,  Portugal  and  Russia. 

1800  „  Denmark  and  Russia. 

1801  ,,  Great  Britain,  Russia,  and  Denmark. 
1803  ,,  France  and  the  United  States. 

1810  ,,  Great  Britain  and  Portugal. 

1818  ,,  Denmark  and  Prussia. 

1826  .,  France  and  Brazil. 

1827  ,,  Brazil  and  Denmark. 
1827  „  „         ,,     Great  Britain. 


336  APPENDIX. SECTION    I. 

Since  the  invention  of  steam  applied  as  a  naval  resource,  many 
things  before  not  deemed  contraband  now  fall  imder  this  head ;  such 
as  boiler  plates,  component  parts  of  steam  engines,  etc.  As  regards 
fuel,  we  must  refer  to  the  former  quotation  from  Grofius. 

COLOURS  AND  SALUTES.— The  following  are  the  latest  regula- 
tions on  the  subject : 

Distinguishiny  Flags. — The  Lord  High  Admiral's  flag  is  to  be  worn 
on  board  any  of  Her  Majesty's  ships  or  vessels,  in  which  the  Lord 
High  Admiral,  or  the  Commissioners  for  executing  the  office  of  Lord 
High  Admiral,  shall  embark. 

The  flag  of  the  Lord  Lieutenant  of  Ireland  is  to  be  worn  on  board 
any  of  Her  Majesty's  ships  or  vessels,  in  which  his  Excellency  shall 
embark  within  the  Irish  waters,  or  in  St.  George's  Channel. 

The  Union  flag  is  to  be  worn  by  the  Admiral  of  the  Fleet,  at  the 
main-top-gallant-mast-head,  as  his  proper  flag. 

A  plain  red  flag  is  to  be  worn  by  Admirals,  Vice-Admirals,  and  Rear- 
Admirals  of  the  Red,  at  the  main,  fore,  or  mizen  top-gallant-mast- 
heads, respectively,  as  their  proper  flag. 

A  white  flag,  Avith  a  red  St.  George's  cross  in  it,  is  to  be  worn  by 
Admirals,  Vice-Admirals,  and  Rear-Admirals  of  the  White,  at  the 
main,  fore,  or  mizen  top-gallant- mast-heads,  respectively,  as  their 
proper  flag. 

A  plain  blue  flag  is  to  be  worn  by  Admirals,  Vice-Admirals,  and 
Rear-Admirals  of  the  Blue,  at  the  main,  fore,  or  mizen  top-gallant- 
mast-heads,  respectively,  as  their  proper  flag. 

Flag-officers  and  Captains  of  the  Royal  Navy  are  forbidden  to  carry 
any  other  flag  or  pendant  than  that  which  belongs  to  their  proper 
rank,  except  when  Her  Majesty  or  any  of  the  Royal  Family,  or  the 
Lord  Lieutenant  of  Ireland,  may  be  on  board,  or  unless  they  shall  be 
directed  to  do  so  by  the  Admiralty,  or  by  a  superior  officer. 

When  two  Flag-officers,  carrying  the  same  flag  at  the  same  mast- 
head, shall  serve  together,  the  Commander-in-Chief  may  order  either 
of  them  to  carry  temporarily  such  other  flag  as  he  shall  think  fit,  to 
prevent  the  confusion  which  might  otherwise  be  occasioned. 

When  Flag-officers  shall  think  fit  to  carry  their  flag  at  the  head  of 
their  boats,  or  in  their  tenders,  their  ranks  are  to  be  distinguished  as 
follow.  Adz. : 

The  Admiral  of  the  Fleet,  and  the  Admirals  of  the  Red,  White,  and 
Blue,  are  to  carry  their  proper  flag  ;  the  Vice-Admirals  of  the  Red  and 
Blue  are  to  carry  one  white  ball ;  and  the  Vice-Admirals  of  the  White, 
one  blue  ball,  in  their  respective  flags.  Rear-Admirals  of  the  Red  and 
Blue  to  carry  two  Avhite  balls  ;  and  Rear-Admirals  of  the  White,  two 
))liie  balls  in  their  respective  flags.     The  balls  are  to  be  large  enongh 


APPENDIX. SECTION    I.  337 

to  be  easily  distinguished,  and  are  to  be  in  the  upper  part  of  the  flag-, 
and  near  the  staff. 

Distinguishing  Pendants. — A  plain  red  broad  pendant,  or  a  white 
broad  pendant,  Avith  a  red  cross  in  it,  is  to  be  worn  by  Commodores  of 
the  first  class  ;  but  when  more  than  one  such  Commodore  shall  be 
present,  the  senior  only  shall  wear  the  red  pendant,  and  the  other  or 
others  the  white  pendant. 

A  blue  broad  pendant  is  to  be  worn  by  Commodores  of  the  second 
class. 

All  Her  Majesty's  ships  and  vessels  in  commission,  when  not  distin- 
guished by  a  flag  or  broad  pendant,  are  to  wear  a  long  pendant,  having 
a  St.  George's  cross  in  a  white  field  in  the  upper  part  next  to  the  mast, 
with  a  fly,  red,  white,  and  blue,  or  with  a  fly  entirely  of  the  colour  of 
the  ensign. 

Colours  not  Naval.—  KM  ships  and  vessels  belonging  to  Her  Majesty's 
subjects  shall  wear  a  red  ensign,  with  the  union  in  the  itpper  canton 
next  to  the  staff,  and  shall  use  a  British  union  jack,  with  a  border  of 
white  of  one-fifth  of  the  jack,  as  a  pilot-flag,  in  all  parts  of  the  world ; 
except  such  yachts  or  other  vessels  as  may  have  warrants  from  the 
Admiralty  to  display  other  ensigns,  colours,  or  pendants. 

Ships  having  letters-of-marque  or  reprisal  may  carry  the  said  red 
ensign,  and  a  small  red  flag  with  a  union  described  in  a  canton  at  the 
upper  corner  thereof,  next  to  the  staff,  as  a  jack. 

Revenue  cruisers  shall  wear  the  said  red  ensign  with  a  regal  crown 
described  in  the  centre  thereof,  and  a  red  pendant,  with  the  said  crown 
at  the  upper  part  next  to  the  mast. 

Ships  or  vessels  employed  in  the  service  of  any  public  office  shall 
carry  the  same  ensigns  and  jacks  as  ships  having  letters-of-marqixe, 
except  that  in  the  centre  of  such  ensign  or  jack  there  shall  be  described 
the  seal  or  badge  of  the  office  to  which  they  belong ;  and  troop-ships, 
when  in  charge  of  a  commissioned  officer,  shall  wear  in  addition  a 
red  pendant,  with  the  Admiralty  badge  at  the  upper  part,  next  to 
the  mast.  ^ 

With  the  foregoing  exceptions,  the  flags,  pendants,  and  jacks 
appointed  to  be  worn  by  the  ships  and  vessels  of  the  Royal  Navy, 
shall  not  be  hoisted  or  worn  on  board  any  other  ships  or  vessels  what- 
soever ;  nor  shall  the  masters  of  such  other  ships  and  vessels  hoist  or 
wear  any  flags,  ensigns,  pendants,  or  jacks  made  in  imitation  of  or 
resembling  those  appointed  to  be  worn  by. ships  and  vessels  of  the 
Royal  Navy  (excepting  as  hereinbefore  directed),  nor  any  kind  of 
pendant  whatsoever,  nor  what  may  be  taken  for  such :  and  if  they 
shall  offend  herein,  and  shall  presume  to  hoist  or  wear  any  flags 
resembling  those  worn  by  Her  Majesty's  ships,  or  any  other  colours 

2  X 


338  APPENDIX. — SECTION    I. 

than  those  hereinbefore  specified,  or  any  kind  of  pendant  whatsoever, 
it  is  Her  Majesty's  pleasure  that  the  Captains,  or  any  other  officers  of 
Her  Majesty's  ships  of  war,  who  shall  see  them,  do  seize  such  colours, 
flags,  or  pendants,  and  report  the  name  of  the  master,  and  of  the  ship 
or  vessel,  the  place  to  which  she  belongs,  and  of  the  merchant  who  is 
owner  of  her,  to  the  Secretary  of  the  Admiralty  ;  transmitting  also 
affidavits  of  two  witnesses  to  the  fact,  in  order  that  the  person  so 
offending  may  be  proceeded  against  according  to  law. 

The  Captains  and  Commanders  of  Her  Majesty's  ships  shall  not 
suffer  any  foreign  ship  to  ride  in  Her  Majesty's  ports  or  roads  with 
false  colours;  but  if  any  foreign  ship  shall  persist  in  carrying  them, 
they  are  to  send  an  account  thereof  to  the  Secretary  of  the  Admiralty. 

Salutes  and  Flags. — All  Royal  salutes  are  to  consist  of  twenty-one 
guns.  Whenever  the  King  or  Queen  shall  arrive  at  any  place  in 
the  British  dominions,  where  there  is  a  fort  or  battery  from  which 
salutes  are  usually  fired,  a  Royal  salute  shall  be  fired  therefrom,  and 
from  all  ships  of  war  present ;  and  similar  salutes  shall  be  fired  upon 
His  or  Her  Majesty's  final  departure. 

WheneA'er  the  King  or  the  Queen  shall  go  on  board  any  ship  of  war, 
the  Royal  standard  shall  be  hoisted  at  the  main-top-gallant-mast-head, 
the  flag  of  the  Lord  High  Admiral  at  the  fore-top-gallant-mast-head, 
and  the  union  jack  at  the  mizen-top-gallant-mast-head  of  such  ship,  or, 
if  on  board  of  a  sHialler  vessel,  in  the  most  conspicuous  parts  of  her ; 
and  a  Royal  salute  shall  be  fired  from  such  ship  on  His  or  Her 
Majesty's  going  on  board,  and  again  on  leaving  her;  and  every  ship  of 
war  present  shall  fire  a  Royal  salute  on  the  hoisting  of  those  flags,  and 
again  on  His  or  Her  Majesty  quitting  the  ship. 

Whenever  the  King  or  Queen  shall  be  embarked  in  any  ship  at  sea, 
and  the  before-mentioned  flags  shall  be  hoisted  in  her,  every  ship  of 
war  meeting  her  shall  fire  a  Royal  salute. 

WheneAcr  any  ship  or  other  vessel,  in  which  the  flags  before-men- 
tioned are  flying,  shall  pass  any  fort  or  other  place,  a  Royal  salute  is 
to  be  fired  therefron^;  but  whenever  any  ship  passes,  bearing  the 
Royal  Standard  only,  (without  the  other  flags,)  such  fort  or  place  is 
not  to  salute. 

Whenever  any  member  of  the  Royal  faraUy  shall  go  on  board  any  of 
Her  Majesty's  ships,  the  Royal  Standard  shall  be  hoisted  at  the  main- 
top-gallant-mast-head, and  a  Royal  salute  shall  be  fired  from  her,  on 
such  member  of  the  Royal  family  going  on  board,  and  again  upon 
leaving  her. 

Whenever  any  member  of  the  Royal  family  shall  be  embarked  in  any 
ship  at  sea,  and  the  Royal  Standard  shall  be  hoisted  in  her,  every  ship 
of  war  meeting  her  shall  fire  a  Royal  sabite. 


APPENDIX. SECTION    I.  339 

The  Royal  Standard  does  not  return  salutes,  and  no  other  flag  is  to 
be  saluted  in  presence  of  the  Royal  Standard. 

Whenever  any  foreign  crowned  head,  sovereign  prince  or  his  consort, 
or  president  of  a  republican  state,  shall  arrive  at  or  quit  any  place  in 
Her  Majesty's  dominions,  they  shall  receive  a  Royal  Salute  on  their 
first  arrival  and  final  departure  from  such  place,  from  all  Her  Majesty's 
ships  present ;  and  upon  their  going  on  board  and  leaving  any  of  the 
said  ships  a  similar  salute  shall  be  fired,  and  on  each  occasion  during 
the  salute  the  senior  officer's  ship  shall  display  at  her  mast-head  the 
flag  of  such  foreign  nation. 

Whenever  any  prince,  member  of  a  foreign  Royal  family,  shall  arrive 
at  any  of  our  ports,  or  visit  any  of  Her  Majesty's  ships,  the  same 
salutes  shall  be  fired  and  compliments  be  paid  to  them  as  to  the  mem- 
bers of  the  Royal  family  of  England,  displaying  the  flag  of  the  nation 
of  such  foreign  prince  in  lieu  of  the  Royal  Standard. 

Whenever  such  visits  to  Her  Majesty's  ships  shall  take  place  in  a 
foreign  port,  correspondiug  salutes  shall  be  fired,  and  the  flag  of  the 
nation  of  the  Royal  visitors  shall  be  hoisted. 

Upon  the  occasion  of  the  celebration  of  the  birth-day  of  the  King  or 
the  Queen  of  a  foreign  nation,  or  any  other  important  festivals,  by  any 
ships  of  war  or  batteries  of  such  nation.  Her  Majesty's  ships  present 
may  fire  such  salutes  in  compliment  thereto  as  the  senior  ofiicer  of  Her 
Majesty's  ships  may  direct,  not  however  exceeding  twenty-one  guns, 
and  the  flag  of  such  nation  shall  be  displayed  on  these  occasions  at  a 
mast-head  of  the  senior  officer's  ship. 

The  fixed  days  for  firing  salutes  in  celebration  of  anniversaries  shall 
be  as  follow  ;  viz. — 

The  anniversaries  of  the  birth,  the  accession,  and  the  coronation  of 
the  reigning  sovereign;  birth-day  of  the  consort  of  the  reigning  sove- 
reign ;  on  which  days  a  Royal  salute  shall  be  fired  at  noon  from  all 
the  forts  and  batteries  from  which  salutes  are  usually  fired,  and  by  Her 
Majesty's  ships,  at  1  o'clock. 

The  Lord  Lieutenant  of  Ireland  shall  be  entitled  to  receive  from  the 
forts  and  batteries  within  his  vice-royalty  a  Royal  salute  ;  and  on  being 
fallen  in  with  afloat,  within  three  leagues  of  the  coast  of  Ireland,  the 
vessel  in  which  he  is  embarked  having  the  Irish  Standard  flying,  or  on 
his  Excellency's  visiting  any  of  Her  Majesty's  ships  within  the  said 
limit,  he  is  to  be  saluted  with  a  Royal  salute. 

Diplomatic  Salutes.  guns. 

Ambassador  Extraordinary  and  Plenipotentiary  .  .  .  .19 
Envoy  Extraordinary  and  Minister  Plenipotentiary  .  .  .15 
Diplomatic  authorities  below  the  rank  of  Envoy  Extraordinary  and 

Minister  Plenipotentiary,  and  above  that  of  Charge  d' Affaires   .     13 


340  APPENDIX. — SECTION    I. 

GUNS. 

Charge  d'Aifaires  or  subordinate  diplomatic  agents  left  in  charge  of 
missions        .         .         .         .         .         .         .         .         .         .         .11 

Consuls-General,  or  British  Factories      .         .         .         .         .         .9 

Consuls 7 

Salutes  to  Military  Authorities. 
The  Lord  High  Admiral,  or  the  Commissioners  for  executing  the 
office  of  Lord  High  Admiral,  or  the  Commander-in-Chief,  or  the 
officer    commanding-in-chief    the    whole  army    of    the  United 
Kingdom       .         .         .         .         .         .         .         .         .         .         .19 

The  first  Lord  Commissioner  of  the  Admiralty        .         .         .         .15 

The  Master-General  of  the  Ordnance       ......     15 

Salutes  to  Officers. 

Field  Marshals  and  Admirals  of  the  Fleet 17 

Admirals  in  general  .         .         .         .         .         .         .         .         .15 

Lieutenant-Generals,  or  Vice- Admirals   .         •         •         .         .         .13 
Rear-Admirals,  or  Major-Generals  .......     13 

Brigadier-Generals,  or  Commodores  of  the  first  class      ...       9 
Return  salutes  to  Commodores  of  the  second  class,  Captains  of  the 
Navy,  and  officers  of  inferior  rank        ......       7 

Note. — While  any  of  the  officers  mentioned  in  this  section  hold  com- 
missions as  Commanders-in-Chief,  or  Commanders  of  the  forces  of  a 
station,  they  shall  be  entitled  to  be  saluted  with  two  more  guns  than 
are  specified  in  the  above  scale  against  their  respective  ranks. 

Salutes  to  Governors,  etc. 
The  Governor-general  of  India  (within  the  Indian  Seas)  .         .     19 

The  Lord  Warden  of  the  Cinque  Ports 19 

The  Governor  of  Madras  or  Bombay,  (within  the  Indian  Seas,) 
Governor  of  Her  Majesty's  colonies,  foreign  possessions,  castles 
or  fortresses,  within  the  precincts  of  their  Governments     .         .17 
Lieutenant-Governor  of  Her  Majesty's  colonies,  foreign  posses- 
sions, castles  or  fortresses,    within    the  precincts  of  the  said 
Governments,  (if  administering  Government)       .         .         .         .13 
All  salutes  from  sliips  of  war  of  other  nations,  either  to  Her  Majesty's 
forts  or  ships,  are  to  be  returned  gun  for  gun,  but  no  salutes  shall  be 
given  to  such  ships  of  war  by  Her  Majesty's  ships  without  an  assur- 
ance that  such  salutes  will  be  returned. 

Her  Majesty's  ships  or  vessels  are  not,  on  any  account,  to  lower 
their  top-gallant-sails,  nor  their  flags,  to  any  foreign  ship  or  vessel 
whatsoever,  unless  the  foreign  ships  or  vessels  shall  first,  or  at  the 
same  time,  lower  their  top-gallant-sails  or  their  flags  to  them. 

If  any  of  Her  Majesty's  subjects  shall  so  far  forget  their  duty  as  to 


APPKNJUIX. SECTION    I.  341 

attempt  to  pass  any  of  Her  Majesty's  ships  without  striking  their  top- 
sails, the  names  of  the  ship  and  the  master,  the  port  to  which  they 
belong,  the  place  from  which  they  came,  and  that  to  which  they 
are  bound,  together  with  affidavits  of  the  fact,  are  to  be  sent  to  the 
Secretary  of  the  Admiralty,  in  order  to  their  being  proceeded  against 
in  the  Admiralty  Court. 

DEMURRAGE  is  a  clause  inserted  in  a  charter-party,  to  the  effect 
that  after  certain  days  have  been  stipulated  for  the  discharge  or  loading 
of  a  cargo,  a  given  amount  per  diem  shall  be  paid  for  a  certain  number 
of  days  for  the  detention  of  the  ship,  after  the  expiration  of  which 
the  owners  have  a  right  against  the  charterers  for  further  damages. 
In  respect  by  whose  fault  such  detention  is  occasioned,  it  has  been 
determined  that  accidental  circumstances,  over  which  the  master  has 
no  control,  such  as  detention  in  the  docks,  etc.,  would  constitute 
demurrage,  for  Abbot  says  : — "  When  the  time  is  expressly  stipulated 
and  ascertained  by  the  terms  of  the  contract,  the  merchant  shall  be 
liable  to  an  action  for  damage,  if  the  thing  be  not  done  within  the 
time,  although  this  may  not  be  attributed  to  any  fault  or  omission  on 
his  part,  for  he  has  engaged  that  it  shall  be  done." 

We  had  a  case  in  the  north  of  Ireland  in  which  four  vessels  had 
clauses  in  their  charter-parties  to  the  effect  that  they  should  enter  a 
port  of  discharge  fully  laden,  and  remain  floating  at  the  lowest  state  of 
the  tide.  Having  proceeded  to  the  entrance  of  the  port  to  which  they 
were  ordered,  the  captains  found  that  they  could  not  do  so,  and  refused 
to  go  any  further.  The  argument  the  merchants  used  was,  that  for 
years  vessels  had  discharged  part  of  their  cargoes  into  lighters  at 
the  entrance  of  the  port,  and  come  up  partly  laden,  and  therefore  they 
could  come  up.  The  captains  said  they  would  do  so,  if  the  consignees 
would  guarantee  that  their  vessels  would  sustain  no  damage  thereby; 
this  the  merchants  declined  to  do,  and  the  captains  gave  notice  they 
would  sail  away  to  another  port  and  discharge  their  cargoes,  for  account 
of  whom  it  might  concern,  Rather  than  allow  them  to  do  this,  the  mer- 
chants agreed  to  place  the  arbitration  in  otir  hands,  to  which  the  cap- 
tains gave  their  acquiescence.  Thinking  that  the  captains,  by  the  strict 
stipulations  of  the  charter-party,  were  in  the  right,  although  we  were 
quite  aware  that  the  case,  perhaps,  might  be  decided  otherwise  before 
an  Irish  jury,  from  the  fact  of  the  custom  of  the  harbour  having 
established  the  habit  of  partly  discharging  at  the  entrance  of  the 
port ;  still  we  decided  the  case  in  favour  of  the  captains,  and  the  con- 
signees had  to  pay  demurrage  for  the  detention  of  the  vessels,  and 
guaranteed  them  from  all  damage  in  going  up  the  river  to  the  port. 
This  is  only  adduced  to  show  how  careful  parties  should  be,  in  the  inser- 
tion of  phrases  in  charter-parties,  from  which  demurrage  may  accrue- 


342  APPENDIX.  —  SECTION    1. 

DEVIATION  OF  VOYAGE  is  the  proceeding  to  another  port,  or 
even  calling  at  other  ports  out  of  the  line  of  voyage,  not  specified  in  the 
policy  of  insurance  or  charter-party,  unless  such  deviation  is  necessary 
for  the  safety  of  the  vessel  and  cargo  ;  and  even  this  may  discharge  the 
underwriters  from  their  liability  :  as  regards  a  direct  deviation  from  the 
voyage,  it  nearly  amounts  to  barratry  {vide  Barratry).  In  cases  where, 
in  a  deviation  from  the  voyage,  the  merchandise  is  injured  from  any 
cause,  the  OAvners  have  a  right  for  damages  against  the  proprietors 
of  the  vessel,  and  may  recover  accordingly ;  for  they  covenanted  that 
their  goods  should  be  conveyed  from  such  a  port  to  another,  and 
therefore  most  probably  having  insured  them  for  the  voyage  agreed 
on,  the  captain's  deviating  from  it  would  vitiate  the  policy  of  insurance, 
and  the  owners  of  the  cargo  would  have,  in  justice,  a  claim  against 
the  captain,  and  he,  being  the  agent  of  the  proprietors,  would  also 
have  a  claim  against  them. 

DESERTERS  FROM  VESSELS.— (7^w/e  Consular  Instructions,  page 
69,  and  Foreign  Deserters'  Act,  etc..  Section  VII.)  Reciprocal  engage- 
ments for  the  apprehension  of  deserters  were  also  entered  into  by 
Treaties  of  1810  and  1827  with  Portugal  and  Brazil,  and  in  1734, 
1766,  and  1797,  with  Russia. 

FREIGHT  is  an  amount  stipulated  for  the  hire  or  part  hire  of  a 
vessel,  and  which  is  generally  not  considered  to  be  due  imtil  the  per- 
formance of  the  voyage,  unless  it  is  expressly  stipulated  to  the  contrary, 
although  the  master  may  insist,  in  most  cases,  upon  the  freight  being 
paid  before  delivery  of  the  goods.  In  the  case  of  goods  contained  in 
casks,  etc.,  which  may  have  leaked  to  a  great  extent,  and  for  which 
the  master  had  signed  bills  of  lading  to  the  eifect  that  they  were 
shipped  in  good  condition,  the  owner  may  abandon  the  goods  for  the 
freight  if  he  thinks  proper.  It  seems  hard,  under  some  circumstances, 
that  the  law  of  England  has  adopted  it  as  a  general  rule,  that  goods 
swelling  on  the  voyage,  such  as  grain,  etc.,  should  only  be  liable  to  pay 
freight  according  to  the  quantity  shipped.  This,  however,  on  further 
consideration,  seems  but  just ;  as  corn,  by  being  damp,  may  easily 
increase  in  bulk,  and  if  such  a  doctrine  were  countenanced,  it  would 
be  the  means  of  inducing  some  unprincipled  masters  to  get  their  cargo 
heated  and  damp,  for  the  express  purpose  of  increasing  the  bulk ;  as 
where  a  certain  quantity  is  stipulated  as  shipped  in  the  bill  of  lading, 
it  is  just  to  conclude  that  it  was  his  duty  to  see  the  quantity  stated 
was  correct.  In  the  case  of  neutral  vessels  conveying  the  enemies' 
property,  and  such  being  seized,  the  captor  must  pay  the  whole 
freight,  for  as  Abbot  jiistly  observes,  he  then  represents  the  enemy,  by 
possessing  himself  of  the  goods  jure  belli,  and  he  prevents  the  com- 
pletion of  the  voyage,  whereby  the  freight  might  have  been  earned. 


APPENDIX. SECTION    I.  343 

In  cases  where  a  neutral  property  is  seized,*  conveyed  on  enemies' 
ships,  and  the  captor  conveys  such  goods  to  the  port  of  her  destina- 
tion, he  can  claim  the  freight  from  the  ovmers  of  the  property  on 
condition  of  his  having  fulfilled  the  stipi^lations  of  the  contract.  In 
the  event  of  a  vessel  conveying  the  goods,  becommg  so  injured  as  to 
be  unable  to  carry  the  same  to  their  destination,  the  master  is  justi- 
fied in  forwarding  the  goods  to  their  destination  in  another  ship,  and 
claiming,  on  their  delivery,  the  freight ;  but  if  the  master  is  unable  to 
do  so,  he  cannot  claim  part  freight  or  any  freight  at  all,  unless  the 
merchant  voluntarily  takes  possession  of  the  goods  without  protest, 
and  thereby  tacitly  acknowledges  that  the  contract  has  been  fulfilled. 
It  may  be  as  well  to  state,  that  no  passage  money  can  be  claimed  for 
children  born  during  the  voyage. 

HIGH  SEAS.*- — Offences  on  high  seas  in  cases  of  smuggling  are  to 
be  taken  as  committed  in  places  where  the  offenders  are  brought  to 
trial.     8  &  9  Vict.,  c.  87,  s.  95. 

ILLEGAL  VOYAGES  are  when  a  vessel  has  been  insured,  and  by 
trading  with  an  enemy  without  the  Queen's  licence,  the  policy  of  the 
insurance  becomes  vitiated  thereby.  Barratry  m.ay  be  taken  as  a  kind 
of  illegal  voyage. 

GOD,  THE  ACT  OF,  is  a  clause  inserted  in  charter-parties  and  in 
bills  of  lading,  that  the  goods  shall  be  delivered,  the  act  of  God,  etc., 
excepted ;  which  signifies  natural  accidents,  such  as  earthquakes, 
lightnings,  storms,  or  tempests,  etc. 

INSURANCE,  MARINE. — Insurance  is  effected  by  giving  a  certain 
Slim  for  a  given  risk ;  in  consideration  of  which,  the  insurance  com- 
panies or  underwriters  contract  to  pay  the  whole  amount  of  the  articles 
insured  if  they  should  be  lost,  or  a  certain  contribution,  should  the  loss 
be  a  subject-matter  for  general  or  particular  average.  The  insurance 
is  either  taken  by  Lloyd's  or  an  insurance  company.  There  are  mat- 
ters which  are  not  legal  subjects  of  insurance — such  as  seamen's  wages, 
money  lent  to  the  captain  out  of  the  freight,  goods  intended  to  be 
made  the  subject  of  illegal  commerce.  Although  only  part  of  the  goods 
insured  may  be  illegal,  still  the  whole  policy  is  vitiated  thereby. 

As  regards  the  risk  generally  undertaken,  space  will  not  permit  us 
to  enter  more  fully  on  the  subject,  except  by  adding  in  Section  VI.  a 
form  of  a  policy  of  insurance  generally  used.  Stei'l,  Abbot,  Lees,  and 
Holt,  have  written  very  largely  on  the  subject,  and  to  them  we  beg 
to  refer  the  reader. 

LIEN. — It  has  been  decided  that  no  shipwright  has  a  lien  upon  a 
vessel  for  the  repairs,  etc.,  done  to  the  vessel,  when  he  parts  with  the 

*    Vide  Consular  Instructions. 


344 


APPENDIX. SECTION    I. 


possession  of  the  vessel,  and  can  only  recover  the  same  from  the 
owners  in  an  action  for  debt,  as  he  in  this  case,  as  well  as  tradesmen, 
who  have  no  lien  upon  the  ship,  are  supposed  to  have  given  the  credit 
for  the  requisites  required  for  the  vessel  to  the  owner. 

In  maritime  lien  the  persons  who  have  a  claim  in  the  Admiralty- 
Court  in  Rem,  and  can  compel  reimbursement,  consist  of  those  who 
have  rendered  services  to  the  ship  by  their  labour,  as  mariners,  by 
pilotage,  towage,  salvage,  and  by  the  loan  of  money  as  bottomry  for 
repairs.  The  wages  of  seamen  have  the  first  claim  upon  a  vessel, 
as  they  constitute  the  power  by  which  the  vessel  is  brought  to  port ; 
and  then  come  salvage,  pilotage,  towage,  or  bottomry.  Bottomry, 
however,  has  a  precedence  over  prior  salvage,  although  it  gives  way 
to  subsequent  salvage.  Sir  John  Nichol,  speaking  of  lien,  says  : — 
"  Subjects  which  operate  for  the  protection  of  prior  interests  are  pri- 
vileged over  those  interests." 

MANIFEST  is  a  correct  list,  containing  the  marks,  description,  and 
number  of  packages  of  the  goods  shipped  by  the  vessel,  certified  by 
the  master  before  the  Collector  of  Customs,  Consul,  or  Ship  Broker, 
or  by  the  Shipping  Agent.  (For  form  of  Manifest,  vide  Consular 
Forms,  Section  VI.) 

MARRIAGE  can  be  solemnised  abroad  before  an  Ambassador  or 
Consul.  {Vide  Section  II.,  Act  for  the  Solemnization  of  Marriages 
Abroad.) 

MEDICINES.— The  following  is  the  Scale  issued  by  the  Board  of 
Trade,  in  pursuance  of  the  Section  224,  of  the  17  &  18  Vict.  c.  104. 

Scale  of  Medicines  and  Medical  Stobes  suitable  to  Accidents  and  Diseases 
arising  on  Sea  Voyages,  to  be  kept  on  board  British  Merchant  Ships 
navigating  between  the  United  Kingdom  and  any  place  out  of  the  same,  on 
and  after  the  1st  day  of  January,  1856. 

Issued  by  the  Board  of  Trade,  in  pursuance  of  17  &  18  Vict.,  c.  104,  sect.  224. ' 


Proportions    for    Ships    car- 
kyingthe  u sd ermentioned 
Number  of  Mek  and  Boys. 

Names  of  Medicines,  Medicaments,  etc. 

Column  1. 

Ten  and 

under. 

Column  2.  Column  3. 

Castor  oil     .......         . 

Epsom  salts      , 

Calomel         ........ 

Powder  of  jalap . 

Ditto       rhubarb 

Cream  of  tartar ' 

lib. 

3  „ 

I'o'z. 
2„ 

2  1b. 
6  „ 
1  oz. 

1  „ 
2 

4  ". 

3  lb. 
12  „ 
2  oz. 

2 

3  ',! 

8  »- 

APPENDIX. SECTION    I. 


345 


Pkoportions   for   Ships   car- 

rying the  UNDERMENTIONED 

N  OMBER 

OF  Men  and  Boys. 

Column  1. 

Column  2. 

Column  3. 

Names  of  Medicines,  Medicaments,  etc. 

Ten  and 

From 
Eleven  to 

Twenty- 

under. 

Twenty 
inclusive. 

one  and 
upwards. 

Sulphur  (sublimed)      .         .         .         . 

4  oz. 

6  oz. 

8  oz. 

Alum    ......... 

1   „ 

2  „ 

3  „ 

Powdered  ginger 

1    „ 

2   „ 

3  „ 

Sulphate  of  quinine      ...... 

1    „ 

1   „ 

2  „ 

Ditto               ditto,    in   vessels  trading   to   the  ) 

East  or  "West  Coast  of  Africa;  to  the  Coasts  of  > 

1   ,, 

2  „ 

4  „ 

China  and  Borneo     .....) 

Balsam  of  copaiba         ...... 

4  „ 

8„ 

12  „ 

Carbonate  of  magnesia          ..... 

2  „ 

3  „ 

4  „ 

Olive  oil        .......         . 

8  „ 

12  „ 

Spirit  of  turpentine 

2"',; 

4  „ 

6  „ 

Laudanum    ........ 

2  „ 

4  „ 

8  „ 

Bicarbonate  of  soda      ...... 

12  „ 

16  „ 

Tartaric  acid  (powdered)       ..... 

8  „ 

12  „ 

Goulard's  extract          ...... 

1  » 

2  „ 

4  „ 

Compound  chalk  powder  (in  a  stoppered  bottle)  . 

1  „ 

2  „ 

3  „ 

Dover's  powder    ....... 

1  » 

2  „ 

3  „ 

Essence  of  peppermint,  each  ounce  to  contain  ) 

1  „ 

2  „ 

3  „ 

1  dram  of  the  oil      .         .         .         .         .         j 

Purging  pills,  each  to  contain  of  the  compound  ) 

extract  of  colocynth  4  grains,  and  calomel  1  > 

3  doz. 

6  doz. 

8  doz. 

grain ) 

Ditto  powders,  each  to  contain  of  calomel  2  ) 

grains,   and   compound    powder  of  jalap   1  ■ 

1        M 

2    „ 

3    „ 

dram         ....... 

Opium  pills,  each  to  contain  of  opium  1  grain. 

1 

2    „ 

3    „ 

and  Castile  soap  4  grains  .... 

•I    » 

Emetic  powders,  each  to  contain,  ipecacuanha  1 

1    >, 

2    „ 

3    „ 

scruple,  and  emetic  tartar  2  grains  . 

Blue  pills,  5  gi-ains  each        ..... 

2    „ 

3    „ 

4    „ 

Powders,  sudorific,  10  grains  of  nitre,  10  grains  1 

of  cream  of  tartar,  and  5  grains  of  Dover's  > 
powder     .......) 

1    „ 

2    „ 

3    „ 

Simple  ointment  .... 

6  oz. 

12  oz. 

16  oz. 

Mercurial  ditto     .... 

2  „ 

4  „ 

8  „ 

Basilicon  ditto      .... 

3  „ 

6  „ 

10  „ 

Blistering  plaister 

2  „ 

4  „ 

8  „ 

Adhesive  plaister  (in  tin  case) 

1  yard 

2  yds. 

3  yds. 

Disinfecting  fluid  (Burnet's  solution) 

14  pints 

28  pints 

56  pint3 

Tincture  of  rhubarb     . 

4  oz. 

10  oz. 

12  oz. 

Opodeldoc    ..... 

3  „ 

'6  „ 

10  „ 

Paregoric 

4  „ 

6  „ 

8  „ 

THE  FOLLOWING  IN  ADDITION  IN  ALL  VESSELS    CAR- 

RTING  A   SURGEON,  WITH    50   OR   MORE   PERSONS 

ON  BOARD. 

Nitric  ether 

2  oz. 

Acetate  of  lead     .... 

2  ,. 

346 


APPENDIX. — SECTIOK    I. 


j Proportions   ior   S 

UPS     CAK- 

RYING  THE  UNDERMENTIONED 

Number 

OF  Men  and  Boys. 

Column  1. 

Column  2. 

Coluniii  .■?. 

Names  of  Medicines,  MedicxVments,  etc. 

From 

Ten  and 

Eleven  to 

Twenty- 

under. 

Twenty 
inclusive. 

one  and 
upwards. 

Croton  oil    .......         . 

2  drms. 

Camphor       ...... 

1  oz. 

Tartar  emetic        ..... 

k  „ 

Hydriodate  of  potass  (iodide  of  potassium) 

2  „ 

Ergot  of  rye          ..... 

2 

Tiiictm-e  of  digitalis     .... 

2 

Powder  of  ipecacuanha 

^  jf 

Sulphate  of  zinc  ..... 

Lunar  caustic        ..... 

1  ,, 

Muriate  of  morphia      .... 

1 

1   drm. 

Watery  extract  of  aloes 

1  oz. 

Blue  pill 

1  „ 

Aromatic  confection,  in  powder    . 

2  „ 

Prepared  chalk     ..... 

ilb. 

SCALE   OF   medical   STORES   AND   NECESSARIES. 

Arrowroot    ........ 

lib. 

2  1b. 

4  lb. 

Pearl  barley          .... 

2  „ 

4  » 

8  „ 

Rice     ...... 

4  „ 

8  „ 

12  „ 

Liut      ...... 

1  )) 

i  „ 

f  „ 

Sponges        ..... 

1  oz. 

14  oz. 

2  oz. 

Scales  and  weights 

1  set 

1  set 

Iset 

Graduated  drop  measure 

1  No. 

1  No. 

Scissors 

1  pair 

1  pair 

Syringes       ..... 

2  No. 

2  No. 

2  No. 

Lancets         ..... 

2  „ 

2    „ 

2 

Bandages  of  different  sizes    . 

6    „ 

6    ", 

Calico  ...... 

3  yds. 

4  yds. 

6  yds. 

Flaimel         ..... 

2 

3   „ 

6    „ 

Needles,  pins,  and  thread     . 

1  paper 

1  paper 

Splints,  common 

I'set 

1  set 

1  set 

Trusses,  single,  36  inches  in  girth 

1  No. 

1  No. 

1  No. 

Pestle  and  mortar 

1    „ 

1    „ 

1    „ 

Enema  syringe,  with  printed  direction 

8  for 

use    . 

1    » 

1    „ 

1    „ 

Tile 

1    ., 

1    „ 

Funnel 

1    „ 

1    >, 

Pewter  cup,  small 

1   „ 

1    ,. 

Teaspoons,  pewter 

1    » 

1    ,, 

Spatula          ..... 

1   „ 

1    „ 

Bougies         ..... 

l.set 

1  set 

1  set 

Tape 

1  piece 

1  piece 

1  piece 

Catheter        ..... 

1  No. 

1  No. 

1  No. 

Note  1. — Section  224  of  the  "Merchant  Shipping  Act,  1854,"  contains 
the  following  provisions,  viz.  :  —  ■"  The  following  Rules  .shall  be  observed 
with  respect  to  medicines,  medical  stores,  and  anti-scorbutics ;  that  is  say : 


APPENDIX. SECTION    I.  34'7 

(1.)  The  Board  of  Trade  shall  from  time  to  time  issue  and  cause  to  be  pub- 
lished a  scale  of  medicines  and  medical  stores  suitable  to  accidents  and  dis- 
eases arising  on  sea  voyages.  (2.)  The  owner  of  every  ship  navigating  be- 
tween the  United  Kingdom  and  any  place  out  of  the  same  shall  provide,  and 
cause  to  be  constantly  kept  on  board  such  ship,  a  supply  of  such  medicines 
and  medical  stores  in  accordance  with  the  said  scale.  And  if,  in  any  such  ship 
as  aforesaid,  such  medicines,  medical  stores,  lime  or  lemon  juice,  or  other  arti- 
cles, sugar  and  vinegai",  as  are  hereinbefore  required,  are  not  provided  and 
kept  on  board,  as  hereinbefore  required,  the  master  or  owner  shall  incur  a 
penalty  not  exceeding  twenty  pounds ;  and  if  the  master  of  any  such  ship,  as 
aforesaid,  neglects  to  serve  out  the  lime  or  lemon  juice,  or  other  articles, 
sugar  or  vinegai-,  in  the  case  and  manner  hereinbefore  directed,  he  shall  for 
each  such  offence  incur  a  penalty  not  exceeding  five  pounds;  and  if  any 
master  is  convicted  in  either  of  the  last-mentioned  penalties,  and  it  appears 
that  the  oiFence  is  owing  to  the  act  or  default  of  the  owner,  such  master  may 
recover  the  amount  of  such  penalty,  and  the  costs  incurred  by  him,  from  the 
owner. 

Note  2. — In  ships  employed  trading  solely  between  places  in  Europe,  or  be- 
tween places  on  the  shores  of  the  North  Atlantic  or  Mediterranean,  and  in 
ships  employed  in  tlie  Greenland  or  BafBu's  Bay  trade,  or  in  any  of  the 
Northern  Fisheries,  the  proportion  of  the  various  articles  above  mentioned 
need  not  exceed  the  proportions  mentioned  in  the  second  of  the  above  columns, 
notwithstanding  that  the  number  of  men  and  boys  may  exceed  twenty. 

Note  3. — Passenger  Ships  which  are  certified  under  the  44th  section  of  the 
"Passengers'  Act,  1855,"  to  be  duly  supplied  with  medicines,  need  not  be  also 
provided  with  medicines  or  other  articles  according  to  the  above  scale. 

MUSTER-ROLL  is  an  account  of  the  ship's  company,  stating  their 
wages,  engagement,  etc.  (for  Form,  vide  Section  VL) 

NEUTRALS. — As  regards  the  rights  of  Neutrals  in  war,  we  are  happy 
to  be  able  to  testify  that  Great  Britam  has,  with  very  few  exceptions, 
laid  aside  the  barbarous  practice  of  seizing  all  enemies'  property ;  and 
with  her  ally,  France,  has  adopted  that  most  equitable  laAv,  that  free 
ships  make  free  goods.  By  Order  in  Council  (annexed),  it  will  be  per- 
ceived that  Her  Majesty,  on  the  19th  April,  1854,  was  graciously  pleased 
to  declare,  that  she  will  waive  the  right  of  seizing  enemies'  property 
laden  on  neutral  ships,  unless  it  be  contraband  of  war  {vide  Contraband 
of  War),  and  that  it  is  not  her  Majesty's  intention  to  claim  the  confisca- 
tion of  neutral  property  laden  on  board  enemies'  ships.  This,  having 
become  an  international  law,  will  be  adopted  in  all  siibsequent  war- 
fare; and  it  is  unnecessary  for  us  to  qi;ote  the  arguments  of  the  learned 
writers,  Grotiiis,  Puffendorf,  Vattel,  BynJcershoek,  and  many  others  on 
the  subject. 

By  Order  in  Council,  of  the  15th  April,  1854,  the  British  Govern- 
ment allow  all  vessels,  being  neutral  or  friendly  property,  to  import 
into  any  Port  in  Her  Majesty's  Dominions  all  goods  not  being  con- 
traband of  war  ;  and  that  all  such  vessels  (except  British)  might  trade 
with  the  enemies'  ports,  except  they  are  in  a  state  of  blockade. 

Such  liberal  and  just  principles  clearly  define  the  duties  and  rights 


348  APPENDIX. — SECTION   I. 

of  neutrals,  and  any  infringement  of  such  a  liberal  policy  must  neces- 
sarily be  proceeded  against  with  the  utmost  rigour. 

The  treaties  in  which  the  rights  of  neutrals  have  been  specially 
mentioned,  are  the  following : 

1655,  1677,  1713,  and  1786,  between  Great  Britain  and  France. 

,,    Denmark. 
„     Spain. 

,,     the  Netherlands. 
,,     Portugal. 
,,     Russia. 


1669  and  1780 
1667     .     .     . 
1713     .     .     . 
1810     .     .     . 
1734  and  1766 


Orders  in  Council  referred  to. — At  the  Court  at  Windsor,  the 
19th  day  of  April,  1854.  Present: — The  Queen's  Most  Excellent  Ma- 
jesty in  Council. 

Whereas  Her  Majesty  was  graciously  pleased,  on  the  28th  day  of 
March  last,  to  issue  Her  Royal  Declaration  in  the  following  terms  : 

"  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland  having  been  compelled  to  take  up  arms  in  support  of  an 
ally,  is  desirous  of  rendering  the  war  as  little  onerous  as  possible  to 
the  Powers  with  whom  she  remains  at  peace. 

"  To  preserve  the  commerce  of  neutrals  from  all  unnecessary 
obstruction. 

"  Her  Majesty  is  willing  for  the  present  to  waive  a  part  of  the  belli- 
gerent rights  appertaining  to  her  by  the  laws  of  nations. 

"  It  is  impossible  for  Her  Majesty  to  forego  the  exercise  of  Her 
right  of  seizing  articles  contraband  of  war,  and  of  preventing  neutrals 
from  bearing  the  enemy's  despatches,  and  she  must  maintain  the  right 
of  a  belligerent  to  prevent  neutrals  from  breaking  any  effective 
blockade  which  may  be  established  with  an  adequate  force  against  the 
enemy's  forts,  harbours,  or  coasts. 

"  But  Her  Majesty  will  waive  the  right  of  seizing  enemy's  property 
laden  on  board  a  neutral  vessel,  unless  it  be  contraband  of  war. 

"It  is  not  Her  Majesty's  intention  to  claim  the  confiscation  of 
neutral  property,  not  being  contraband  of  war,  found  on  board  enemy's 
ships,  and  Her  Majesty  further  declares  that,  being  anxious  to  lessen 
as  much  as  possible  the  evils'of  war,  and  to  restrict  its  operations  to 
the  regularly  organized  forces  of  the  country,  it  is  not  Her  present 
intention  to  issue  letters  of  marque  for  commissioning  privateers." 

Now  it  is  this  day  ordered,  by  and  with  the  advice  of  Her  Privy 
Council,  that  all  vessels  under  a  neutral  or  friendly  flag,  being  neiitral 
or  friendly  property,  shall  be  permitted  to  import  into  any  port  or 
place  in  Her  Majesty's  dominions  all  goods  and  merchandize  what- 


APPENDIX.  —  SECTION    I.  349 

soever,  to  whomsoever  the  same  may  belong,  and  to  export  from  any 
port  or  place  in  Her  Majesty's  dominions  to  any  port  not  blockaded, 
any  cargo  or  goods,  not  being  contraband  of  war,  or  not  requiring  a 
special  permission,  to  whomsoever  the  same  belong:  and  Her  Majesty 
is  further  pleased,  by  and  with  the  advice  of  Her  Privy  Council,  to 
order,  and  it  is  hereby  further  ordered,  that,  save  and  except  only  as 
aforesaid,  all  the  subjects  of  Her  Majesty,  and  the  subjects  or  citi- 
zens of  any  neutral  or  friendly  State,  shall  and  may,  during  and  not- 
withstanding the  present  hostilities  Avith  Russia,  freely  trade  with  all 
ports  and  places,  wheresoever  situate,  which  shall  not  be  in  a  state  of 
blockade,  save  and  except  that  no  British  vessel  shall,  under  any  cir- 
cumstances whatsoever,  either  under  or  by  virtue  of  this  Order,  or 
otherwise,  be  permitted  or  empowered  to  enter  or  communicate  with 
any  port  or  place  which  shall  belong  to  or  be  in  the  possession  or 
occupation  of  Her  Majesty's  enemies. 

And  the  Right  Honourable  the  Lords  Commissioners  of  Her  Majesty's 
Treasury,  the  Lords  Commissioners  of  the  Admiralty,  and  the  Lord 
Warden  of  the  Cinque  Ports,  are  to  give  the  necessary  directions 
herein  as  to  them  may  respectively  appertain. 

(Signed)  C.  C.  Greville. 
OATHS. — The  Consul  may  administer  oaths  and  take  affidavits  in  all 
cases,  as  if  he  were  a  Justice  of  the  Peace,  or  Notary  Public,  6  Geo.  4, 
c.  87,  s.  20.  For  offences  committed  in  the  Levant  the  examina- 
tion is  to  be  carried  on  under  oath  administered  by  Consul.  (Order  in 
Council,  19th  June,  1844.) 

The  principal  Acts  of  Parliament  passed  relating  to  oaths  are  as 
follows  : 

Oath  of  Allegiance. — 1  Wm.  &  M.  sess.  1,  c.  8.  By  whom,  and  how 
to  be  taken. 

7  &  8  Wm.  3,  c.  24.     Are  to  be  taken  by  practitioners  in  the  law. 
31  Geo.  3,  c.  32.     Form  in  which  Roman  Catholics  are  to  take  it. 
10  Geo.  4,  c.  7.     New  oath  to  be  taken  by  Roman  Catholics  instead 
of  oaths  of  allegiance. 

7  &  8  Vict.  c.  102.     Repealing  penalties  in  1  Wm.  &  M.,  sess.  1,  c.  8. 
9  &  10  Vict.  c.  59.     Repealing  certain  fines  in  31  Geo.  3,  c.  32. 
Affirmations. — 5  &  6  Wm.  4,  c.  62.     Provisions  for  the   abolition  of 
unnecessary  oaths. 

1  &  2  Vict.  c.  105.  To  be  binding  if  administered  in  such  forms,  and 
with  such  ceremonies  as  the  person  swearing  may  declare  to  be 
binding. 

14  &  15  Vict.  c.  99,  s.  16.  Every  Court,  Judge,  etc.,  having  authority 
to  receive  evidence,  may  administer  an  oath  to  witnesses  legally  called 
before  them. 


350  '  APPENDIX. SECTION    I. 

9  Geo.  4,  c.  32.  Affirmation  to  be  sufficient  instead  of  oaths  in  all 
cases,  criminal  as  well  as  civil. 

3  &  4  Wm.  4,  c.  49.  Allows  Quakers  and  Moravians  to  make 
affirmation  in  all  cases  where  an  oath  was  formerly  required. 

1  &  2  Vict.  c.  5  and  c.  15.  Allows  Quakers  to  be  admitted  to  muni- 
cipal offices,  and  regulating  oaths  to  be  taken  by  them. 

5  &  G  Wm.  4,  c.  62.  For  the  suppression  of  voluntary  and  extra- 
judicial affidavits,  and  substituting  declarations  in  lieu  thereof.  {Vide 
Act  for  the  Administration  of  Oaths  Abroad,  Section  III.) 

ORDERS,  FOREIGN.  — The  annexed  Order  in  Council  relating 
thereto,  being  very  important,  is  appended  for  the  information  of 
the  Consul : 

The  Queen  has  been  pleased  to  direct  that  the  following  regulations 
respecting  foreign  Orders  and  Medals  shall  be  substituted  for  those 
now  in  force  : 

Regulations  respecting  Foreign  Orders. 

1.  No  subject  of  Her  Majesty  shall  accept  a  foreign  Order  from  the 
Sovereign  of  any  foreign  country,  or  wear  the  insignia  thereof,  without 
having  previously  obtained  Her  Majesty's  permission  to  that  effect, 
signified  by  a  warrant  under  Her  Royal  sign  manual. 

2.  Such  permission  shall  notbe  granted  to  any  subject  of  Her  Majesty, 
unless  the  foreign  Order  shall  have  been  conferred  in  consequence  of 
active  and  distinguished  service  before  the  enemy,  either  at  sea  or  in 
the  field  ;  or  unless  he  shall  have  been  actually  and  entirely  employed, 
beyond  Her  Majesty's  dominions,  in  the  service  of  the  foreign  Sovereign 
by  whom  the  Order  is  conferred. 

3.  The  intention  of  a  foreign  Sovereign  to  confer  upon  a  British 
subject  the  insignia  of  an  Order  must  be  notified  to  Her  Majesty's 
Principal  Secretary  of  State  for  Foreign  Aff'airs,  either  through  the 
British  Minister  accredited  at  the  Court  of  such  foreign  Sovereign,  or 
through  his  Minister  accredited  at  the  Court  of  Her  Majesty. 

4.  If  the  service  for  which  it  is  proposed  to  confer  the  Order  has 
been  performed  during  war,  the  notification  required  by  the  preceding 
clause  must  be  made  not  later  than  two  years  after  the  exchange  of 
the  ratifications  of  a  treaty  of  peace. 

If  the  service  has  been  performed  in  time  of  peace,  the  notification 
must  be  made  within  two  years  after  the  date  of  such  service. 

5.  After  such  notification  shall  have  been  received.  Her  Majesty's 
Principal  Secretary  of  State  for  Foreign  Affairs  shall,  if  the  case  comes 
within  the  conditions  prescribed  by  the  present  regulations,  and  arises 
from  naval  or  military  services  before  the  enemy,  refer  it  to  Her  Ma- 
jesty's Principal  Secretary  of  State  for  the  War  Department,  pre- 
viously  to    taking    Her    Majesty's  pleasure   thereupon,    in  order   to 


APPENDIX. SECTION    I.  351 

ascertain  whether  there  be  any  objection  to  Her  Majesty's  permission 
being  granted. 

A  similar  reference  shall  also  be  made  to  the  Commander-in-Chief, 
if  the  application  relates  to  an  officer  in  the  army,  or  to  the  Lords  of 
the  Admiralty,  if  it  relates  to  an  officer  in  the  navy. 

6.  When  Her  Majesty's  Principal  Secretary  of  State  for  Foreign 
Affairs  shall  have  taken  the  Queen's  pleasure  on  any  such  application, 
and  shall  have  obtained  Her  Majesty's  permission  for  the  person  in 
whose  favour  it  has  been  made  to  accept  the  foreign  Order,  and  wear 
the  insignia  thereof,  he  shall  signify  the  same  to  Her  Majesty's  Princi- 
pal Secretary  of  State  for  the  Home  Department,  in  order  that  he  may 
cause  the  warrant  required  by  Clause  1  to  be  prepared  for  the  Royal 
sign  manual. 

When  such  warrant  shall  have  been  signed  by  the  Queen,  a  notifica- 
tion thereof  shall  be  inserted  in  the  Gazette,  stating  the  service  for 
which  the  foreign  Order  has  been  conferred. 

7.  The  warrant  signifying  Her  Majesty's  permission  maj^  at  the  re- 
quest and  at  tbe  expense  of  the  person  who  has  obtained  it,  be  regis- 
tered in  the  College  of  Arms. 

8.  Every  such  warrant  as  aforesaid  shall  contain  a  clause  provid- 
ing that  Her  Majesty's  licence  and  permission  do  not  authorize  the 
assumption  of  any  style,  appellation,  rank,  precedence,  or  privilege 
appertaining  to  a  Knight  Bachelor  of  Her  Majesty's  realms. 

9.  When  a  British  subject  has  received  the  Royal  permission  to 
accept  a  foreign  Order,  he  will  at  any  fv^ture  time  be  allowed  to  accept 
the  decoration  of  a  higher  class  of  the  same  Order,  to  which  he  may 
have  become  eligible  by  increase  of  rank  in  the  foreign  service,  or  in 
the  service  of  his  own  country,  or  any  other  distinctive  mark  of  honour 
strictly  consequent  upon  the  acceptance  of  the  original  Order,  and 
common  to  every  person  upon  whom  such  Order  is  conferred. 

10.  The  preceding  clause  shall  not  be  taken  to  apply  to  decorations 
of  the  Guelphic  Order  which  Avere  bestowed  on  British  subjects  by 
Her  Majesty's  predecessors.  King  George  IV.  and  King  William  IV., 
on  whose  heads  the  crowns  of  Great  Britain  and  of  Hanover  were 
united. 

Decorations  so  bestowed  cannot  properly  be  considered  as  rewards 
granted  by  a  foreign  Sovereign  for  services  rendered  according  to  the 
purport  of  Clal^se  2  of  these  regulations.  They  must  be  rather  con- 
sidered as  personal  favours  bestowed  on  British  subjects  by  British 
Sovereigns,  and  as  having  no  reference  to  services  rendered  to  the 
foreign  Crown  of  Hanover. 

Regulations  respecting  Foreign  Medals. 

1.  Application  for  permission  to  accept  and  wear  medals  which,  not 


'^52  APPENDIX. SECTION    I. 

being  the  decoration  of  any  fox'eign  Order,  are  conferred  by  a  foreign 
Sovereign  on  British  subjects  in  the  army  or  in  the  navy  for  military 
or  for  naval  services,  should  be  addressed,  as  the  case  may  be,  to  the 
Commander-in-Chief,  the  Master-General  of  the  Ordnance,  or  the 
Lords  of  the  Admiralty,  who,  if  they  see  fit,  may  submit  the  same  to 
Her  Majesty's  Principal  Secretary  of  State  for  Foreign  Affairs  for  Her 
Majesty's  sanction,  upon  obtaining  which  they  may  grant  such  pei- 
mission  without  any  other  formality. 

2.  Pei'mission  to  wear  a  foreign  medal  cannot  be  granted  to  a  British 
subject  unless  such  medal  is  bestowed  for  military  or  naval  services 
performed  by  the  command  or  with  the  sanction  of  Her  Majesty.  But 
no  permission  is  necessary  for  accepting  a  foreign  medal  if  such  medal 
is  not  to  be  worn.  Clarendon. 

OWNERS  OF  SHIPS— (TidZe  Consular  Instructions,  page  38.) 
The  ownership  or  title  lo  a  vessel  can  be  acquired  in  several  ways, 
as  by  purchase,  building,  or  capture.  In  regard  to  the  first,  it  is 
generally  done  by  a  bill  of  sale,  of  which  there  are  two  kinds  ;  the 
first  is  where  the  ship  passes  from  the  builder  to  the  first  purchaser, 
and  is  called  the  grand  bill  of  sale  ;  the  second  is  where  the  owner  of 
the  ship,  not  being  the  builder,  transfers  his  interest  to  another  pur- 
chaser. Upon  the  death  of  the  owner,  his  interest  devolves  upon  his 
executors  or  his  personal  representatives.  Special  conditions  may  be 
introduced  which  may  vest  the  property  in  the  purchaser,  although 
the  vessel  may  not  have  been  completed,  such  as  the  payment  of  a 
certain  part  of  the  purchase  money,  when  a  part  of  the  vessel  has 
been  completed ;  and  he  may  insist  upon  the  completion  of  that  vessel, 
and  the  builder  cannot  require  him  to  accept  any  other.*  A  ship's 
boat  does  not  constitute  the  part  of  a  vessel's  tackle,  apparel,  and 
furniture,  etc. 

As  regards  title  by  capture,  it  consists  of  acquiring  the  property  of 
a  ship  in  time  of  war,  legalised  and  sanctioned  by  a  sentence  of  con- 
demnation in  a  Court  of  the  capturing  power. 

As  prizes  cannot  be  condemned,  having  been  carried  into  a  neutral 
port  while  remaining  there,  the  purchaser  thereof  cannot  have  a  legal 
title  thereto.  This,  however,  will  be  ditferent  if  the  vessel  be  carried 
into  a  port  of  a  country  in  alliance  with  the  captors,  and  at  war  with 
the  common  enemy,  as  the  port  is  then  considered  the  same  as  that  of 
the  capturing  country.  In  the  case  of  Wilson  v.  Forster,  6  Taunt.  25, 
and  1  Marsh.  425  ;  and  Woodsworth  v.  Larkin,  1  Esp.  288,  it  has  been 
decided,  that  if  a  neutral  sell  a  vessel,  there  being  no  sentence  of  con- 
demnation, the  property  in  the  vessel  is  not  changed.     As  regards  the 

*  Abbot,  page  3. 


APPENDIX — SECTION   I.  353 

liability  of  owners  for  repairs,  it  is  impossible  to  furnish  sufficient 
dicta  on  this  head,  and  the  reader  is  therefore  referred  to  Abbot, 
Steel,  etc. 

PIRACY, — The  Acts  for  the  suppression  of  piracy  consist  of  the 
following  : 

27  Hen.  8,  c.  4.  Piracy  is  directed  to  be  tried  in  such  shires  as  may 
be  directed  by  the  King's  Commission,  and  in  what  cases  taking  of 
articles  from  necessity  shall  not  be  deemed  piracy. 

11  &  12  AVm.  3,  c.  7.  For  the  trial  of  piracy  under  Admiralty  Com- 
mission, and  who  shall  be  deemed  pirates  and  accessories. 

2  Geo.  2,  c.  28.  For  the  more  effectual  suppressing  of  piracy, 
trading  with  pirates  to  be  deemed  piracy  ;  and  persons  who  under  the 
11  &  12  Wm.  3,  c.  7,  might  be  deemed  accessories,- are  to  be  considered 
principals. 

18  Geo.  2,  c.  30.  Natural-born  subjects  or  denizens  who,  during 
war,  commit  hostilities  at  sea,  under  colour  of  the  enemy,  or  give  aid 
to  enemies  on  the  sea,  may  be  tried  as  pirates  under  11  &  12 
Wm.  3,  c.  7. 

7  Wm.  4,  and  1  Vict.  c.  88.  Piracy,  when  murder  is  attempted,  or 
when  attended  with  stabbing,  wounding,  etc.,  punishment — death ; 
other  cases,  transportation  for  fifteen  years  or  life. 

12  &  13  Vict.  c.  96.  Making  further  provision  for  the  apprehension 
and  trial  of  piracy  in  Colonies. 

13  &  14  Vict.  c.  2G,  and  c.  27.  Bounties  on  pirates  taken  or  killed, 
and  jurisdiction  given  to  Admiralty  Courts.  Property  captured  from 
pirates  liable  to  condemnation  as  droits  of  Admiralty,  but  to  be 
restored  to  rightful  owners  on  payment  of  one-eighth  of  the  value  of 
salvage,  and  providing  for  the  assignment  of  rewards  for  services 
against  pirates. 

PRIZES  OF  WAR. — In  cases  of  the  registration  of  prizes  of  war, 
the  certificate  of  condemnation  must  be  produced.  They  cannot  be 
registered  in  the  Isles. 

The  principal  Acts  relating  to  prizes  consist  of  the  33  Geo.  3,  c.  38, 
enlarging  the  time  for  appeal  in  prize  cases,  etc.  45  Geo.  3,  c.  72,  and 
49  Geo.  3,  c.  12,  provisions  respecting  letters  of  attorney  for  receiving 
prize-money.  52  Geo.  3,  c.  132,  explaining  and  amending  certain  Acts, 
and  many  others  relating  to  prize-money. 

For  the  process  of  condemnation  in  regard  to  prizes  of  war,  vide 
Capture. 

PRIVY  COUNCIL.— By  the  2  &  3  Wm.  4,  c.  92,  the  powers  of 
the  High  Court  of  Delegates  were  transferred  in  maritime  cases  to  a 
Judicial  Committee  of  the  Privy  Council,  whose  duties  are  defined  by 
the  3  &  4  Wm.  4,  c.  91,  and  whose  jurisdiction  was  extended  as  to  its 

2  z 


354 


APPENDIX. — SECTION   I. 


proceedings ;  appeals  from  tlie  Admiralty  Court  were  determined 
l)y  the  3  &  4  Vict.  c.  65,  and  further  amended  by  the  G  &  7  Vict. 
c.  38,  and  7  &  8  Vict.  c.  69. 

Appeals  in  cases  of  capture,  etc.,  lie  in  the  Privy  Council  from  the 
Admiralty  Court,  within  fifteen  days  from  the  day  of  judgment,  by  a 
notarial  act  executed  by  a  proctor.  An  inhibition  can  also  be  taken 
out,  which  ties  the  hands  of  the  Judge  of  Admiralty  Court,  and  con- 
sequently stops  the  sale  of  the  vessel  and  other  proceeduigs  on  the 
part  of  the  Court  of  Admiralty. 

From  the  final  decision  of  the  Privy  Couhcil  there  is  no  appeal,  and 
they  have  the  power  of  either  reversing  the  judgment  of  the  Admiralty 
Court,  with  or  withovit  costs,  or  confirming  the  same.  The  costs  for 
an  appeal  to  the  Privy  Council  are  about  300/. ;  for  further  informa- 
tion vide  Capture. 

PROPERTY  OF  BRITISH  SUBJECTS  DYING  IN  COUNTRY 
WHERE  CONSUL  IS  ACCREDITED  TO.— In  many  countries  it 
has  been  stipulated  in  treaties  that  Consuls  shall  have  the  power 
to  nominate  curators  to  the  estate  of  their  deceased  countrymen,  and 
in  many  instances  to  administer  the  residue  thereof  for  the  benefit  of 
the  heirs  of  the  deceased.  The  clause  generally  inscribed  in  the  treaties 
is  as  follows  :  "  If  any  subject  or  citizen  of  either  of  the  two  high 
contracting  parties  shall  die  without  wUl  or  testament  in  any  of  the 
territories,  dominions,  or  settlements  of  the  other,  the  Consul-General 
or  Consul  of  the  nation  to  which  the  deceased  belonged,  or  in  his 
absence,  the  representative  of  such  Consul-General  or  Consul,  shall 
have  the  right  to  nominate  curators  to  take  charge  of  the  property  of 
the  deceased,  so  far  as  the  laws  of  the  country  will  permit,  for  the 
benefit  of  the  lawful  heirs  and  creditors  of  the  deceased ;  giving  proper 
notice  of  such  nomination  to  the  authorities  of  the  country." 

The  following  is  the  list  of  the  treaties  having  clauses  to  the  above 
effect : 


1667, 

13/20  May. 

With  Spain 

.     Paragraph  33. 

1686, 

5th  April. 

J) 

Algiers     . 

13. 

1721, 

23rd  Jan. 

)) 

Morocco  . 

7. 

1751, 

17th  Sept. 

)) 

Tripoli      . 

9. 

1760, 

11th  July. 

)> 

Denmark 

15. 

1760, 

28th  July. 

)5 

Morocco  . 

7. 

1791, 

8th  April. 

)) 

))         •         ■ 

13. 

1824, 

26th  July. 

)) 

Algiers     . 

13. 

1825, 

2nd  Feb. 

)) 

Buenos  Ayres 

13. 

1827, 

17th  Aug. 

>J 

Brazil 

3. 

1837, 

5th  June. 

J) 

Peru,  Bolivia    . 

9. 

1839, 

31st  May. 

)) 

Muscat     . 

6. 

APPENDIX.— SECTION   I.  355 

1842,     3rd  July.  With  Lisbon      .  .  Paragraph  2. 

1842,  28th  Aug.  „     Urugviay  .  „  8. 

1849,  27th  Nov.  „     Costarica  .  „  9. 

1849,  20th  Feb.  „     Guatemala  .  „  9. 

QUARANTINE  is  a  certain  time  stipulated  for  the  laying  of  a  vessel 
in  the  roads,  should  she  have  any  disease  on  board  of  a  nature  to  cause 
apprehension  of  the  same  being  infectious  to  any  city.  The  word  is 
taken  evidently  from  "  Quaranta  "  meaning  a  space  of  forty  days, 
■which,  we  are  given  to  understand,  was  the  time  generally  appointed 
for  a  vessel  which  had  any  infectious  disease  on  board  to  lay  in 
harbour. 

The  following  Orders  in  Council  regulate  Quarantine ;  for  the  Act 
of  Parliament,  vide  Section  V. 

Orders  in   Council,  in  pursuance  of  the  foregoing  Act,  dated  19th  July, 

182.5. 

His  Majesty,  by  and  with  the  advice  of  his  Privy  Council,  doth 
adjudge  and  declare  it  probable  that  the  plague  or  some  other  infectious 
disease  or  distemper,  highly  dangerous  to  the  health  of  His  Majesty's 
subjects,  may  be  broiight  into  the  United  Kingdom,  or  the  islands  of 
(niernsey,  Jersey,  Alderuey,  Sark,  or  Man,  by  vessels  coming  from  the 
^lediterranean,  or  from  the  West  Barbary  on  the  Atlantic  Ocean,  with 
or  without  clean  bills  of  health,  and  also  by  the  importation  into  the 
United  Kingdom,  or  the  islands  aforesaid,  of  certain  goods,  wares,  and 
merchandises  hereinafter  enumerated,  bemg  the  growth,  produce,  or 
manufacture  of  Turkey,  or  of  any  place  in  Africa  within  the  Straits  of 
Gibraltar,  or  in  the  West  Barbary  on  the  Atlantic  Ocean,  from  any  port 
or  place  in  Europe  without  the  Straits,  or  on  the  Continent  of  America, 
at  which  there  is  no  regular  establishment  for  the  performance  of  qua- 
rantine, and  therefore  it  is  ordered  : 

I.  That  all  vessels,  as  well  His  Majesty's  ships  of  war  as  all  others 
(not  having  the  plague,  or  such  other  infectious  disease  or  distemper 
as  aforesaid  actually  on  board),  coming  from  the  Mediterranean,  or 
from  the  West  Barbary  on  the  Atlantic  Ocean  with  clean  bills  of  health; 
and  all  vessels  and  boats  receiving  any  person  or  persons,  or  goods, 
wares,  or  merchandise,  packets,  packages,  baggage,  wearing  apparel, 
books,  letters,  or  any  other  articles  whatever,  from  or  out  of  any  such 
vessel,  before  such  vessel  shall  have  performed  and  shall  be  duly  dis- 
charged from  quarartline  (whether  such  persons,  goods,  or  other  arti- 
cles as  aforesaid  shall  have  come  or  been  brought  in  such  vessel,  or 
such  person  or  persons  shall  have  gone,  or  articles  have  been  put  on 
board  the  same,  either  before  or  after  the  arrival  of  such  vessel,  and 
whether  such  vessel  was  or  was  not  bound  to  any  port  or  place  in  the 


356 


APPENDIX. — SECTION    I. 


United  Kingdom,  or  the  islands  aforesaid),  shall,  together  with  all  j^er- 
sons  (as  well  pilots  as  others*),  goods,  wares,  and  merchandise,  and 
other  articles  as  aforesaid,  on  board  thereof,  perform  such  quarantine 
for  such  time,  in  such  manner,  and  at  such  places  as  are  hereinafter 
directed.  And  all  commanders,  masters,  and  other  persons  on  board 
any  such  A'essel  or  boat  so  liable  to  quarantine  as  aforesaid,  and  all 
persons  who  shall  have  any  intercourse  or  communication  with  them, 
or  any  of  them,  shall  forthw  ith  repair  to  such  lazaret,  vessel,  or  place 
as  is  herein  appointed,  or  shall  hereafter  be  appointed  for  the  perform- 
ance of  quarantine  ;  and  shall  there  perform  quarantine  accordingly, 
under  and  subject  to  all  the  pains,  penalties,  fines,  forfeitures,  and 
punishments,  as  well  pains  of  death  as  others,  to  which  any  such  com- 
mander, master,  or  person  is  or  may  be  by  law  subject  for  any  refusal 
or  neglect  to  repair  to  such  lazaret,  vessel,  or  place  as  aforesaid,  or  for 
any  escape  or  attempt  to  escape  therefrom,  or  for  any  other  breach  or 
disobedience  of  the  provisions,  rules,  and  regulations  of  the  said  here- 
inbefore recitedAct,  or  of  this  Order,  or  of  any  Orders  which  may  here- 
after be  made  as  aforesaid. 

II.  All  such  vessels  so  coming  from  the  Mediterranean,  or  from  the 
West  Barbary  on  the  Atlantic  Ocean,  as  shall  arrive  with  clean  bills  of 
health  as  aforesaid,  and  all  such  receiving  vessels  and  boats  as  afore- 
said, and  all  persons,  goods,  wares,  and  merchandises,  and  other  arti- 
cles on  board  the  same,  shall  respectively  perform  quarantine  in  the 
places  hereinafter  appointed  (except  in  the  cases  hereinafter  otherwise 
provided  for),  that  is  to  say  : 

Vessels  bound  to  the  following  ports,  or  aiiy  creeks  or  places  belong- 
ing to  or  within  any  or  either  of  them,  viz. : 

shall  perform  (  Stanclgate    Greet, 
quai'autiue    <  or 

at  /     Milford  Haveu. 


London 
Rochester 

Feversham 

Leigh 

Yarmouth 

Hull 

Maldon 

Blackney  and  Bridlington 

Colchester 

Clay 

Scarborough 

Harwich 

Wells 

Whitby 

Ipswich 

Lynn 

Stockton 

AVoodbridge 

Wisbeach 

Sunderland 

Aldborough 

Boston 

Newcastle 

Southwold 

Grimsby 

Berwick 

Carlisle 

Preston 

Beaumaris 

Whitehaven 

Liverpool 

Isle  of  Man 

Lancaster 

Chester 

Ditto  at 


Ditto  at 


Hull  Roads.— 
Cust.  MimUe, 
11th  Jan.,  1850. 


(  Bromborough 
I      Pool,  or  in  Mil- 
(^     ford  Haven. 


*  Pilots  arriving  on  board  of  vessels  liable  to  quarantine  having  enumerated 
goods  on  board,  may  be  permitted  to  leave  such  vessel  upon  receipt  of  the 
Order  iu  Council  by  the  superintendent,  directing  what  quarantine  is  to  be 
performed  by  the  vessel  and  cargo,  before  the  hatches  are  o'pened,  unless  direc- 
tions to  the  contrary  be  given  in  such  Order.-  Council  Office,  1st  Sept.,  1841. 


APPENDIX. SECTION    I. 


357 


Sandwich 

Deal 

Dover 

Rye 

Poole 

Weymouth 

Lyme 

Exeter 

Dartmouth 

Bridgewater 

Miuehead 

Bristol 

St.  Ives 

Padstow 

Bideford 

Barnstaple 


Newhaven 

Shoreham 

Arundel 

Chichester 

Plymouth 

Looe 

Fowey 

Falmouth 

Gweek 

Gloucester 

Chepstow 

Ilfracombe 

Llanelly 

Pembroke 


Portsmouth      ^    >,  n        p 

Southampton    I  ''^'^^'^  pe«oi-m  ,  ^j^^  Motherbank, 


S 
Cowes 

Penryn 
Truro 
Penzancie 
Scilly 

Cardiff- 
Swansea 


!"    quarantine 
J  at 


Ditto  at 


Ditto  at 


near  Portsmouth. 


■  St.  Just's  Pool, 
within  the  mouth 
of    the    harbour 

.   of  Falmouth. 

King  Road  and 
Portshute  Pile. 


Milford  ^ 

Cardigan  \ 

Aberystwith     f 


Jersey 
Guernsey 


Sark 


Alderney 


Ditto  at 


Ditto  at 


J  Milford    Haven 
(    aforesaid. 

rThe  Motherbank, 
I  near  Portsmouth, 
I  or  at  St.  Just's 
Pool,  -within  the 
mouth  of  the  har- 
V  hour  of  Falmouth. 

Vessels  bound  to  ports  in  Scotland,  or  any  harbours,  creeks,  etc.,  viz. : 
On  the  Eastern  coast : 

Dundee  ^ 

Perth 
Montrose 
Aberdeen 


Leith 
Borrowsto 


ness 
Alloa 


Dunbar 
Kirkaldy 
Austruther 
Prestonpans 

Western  ports : 
Port  Glasgow  Oban 
Greenock  Rothsay 

Irvine  Fort  William  Wigtoun 

Campbeltoun  Ayr 

Northern  ports : 
Inverness  Orkney 


Ditto  at 


(  Inverkeithing 
I       Bay. 


Port  Patrick 
Stanraer 


Ditto  at 


Holy  Looch,  in  the 
Frith  of  Clyde. 


Zetland 


Caithness 


Stornaway 


Ditto  at 


South-west  ports : 
Dumfries  Kirkcudbright 


Inverkeithing 
Bay. 
[Order  dated  30th  Sept.,  1825.] 


Ditto  at 


/  Holy  Looch,  in  the 
\  Frith  of  Clyde. 
[Order  dated  30th  Sept.,  1825.] 


Stations  for  performing  quarantine  in  Ireland,  viz. : 

1st.  Not  having  on  board  any  enumerated  articles: 

Poolbeg Dublin  Harbour. 


Warren  Point 

Gramoyle 

Tarbert,  River  Shannon 

Baltimore     . 

Passage,  River  Suir 

White  Gate 

Green  Castle 

Black  Rock 


Newry  Harbour. 
Belfest  Harbour. 
Limerick  Harbour. 
Baltimore. 
Waterford  Harbour. 
Cove  of  Cork. 
Lough  Foyle. 
Gal  way  Bay. 


358  APPENDIX. — SECTION   I. 

2nd.  Having  enumerated  articles  on  board : 

Gramoyle Belfast  Harbour. 

White  Gate Cove  of  Cork. 

[Council  Office,  1st  Sept.,  1826.] 

And  lastly,  suet  of  them  as  are  or  shall  be  bound  to  any  place  on 
the  coasts  of  the  United  Kingdom,  not  within  any  of  the  ports  or 
limits  hereinbefore  mentioned  or  described,  shall  perform  quarantine 
at  siich  place  hereinbefore  appointed  for  performance  of  quarantine,  as 
shall  be  nearest  J,o  the  port  or  place  to  which  such  vessel  respectively 
shall  be  so  bound. 

III.  All  goods,  wares,  and  merchandises  imported  in  any  such 
vessels  as  aforesaid,  shall  be  opened  and  aired  at  the  several  places 
hereinbefore  respectively  appointed  for  the  performance  of  quarantine 
by  such  vessels  respectively,  in  the  manner  and  for  the  time  herein- 
after directed.  ' 

IV.  All  vessels,  not  having  the  plague,  or  such  other  infectious 
disease  or  distemper  as  aforesaid,  actually  on  board  (except  any  ship 
of  war,  transport,  or  other  vessel  in  the  actual  service  of  Government, 
under  the  command  of  a  commissioned  officer  of  His  Majesty's  navy), 
arriving  in  the  United  Kingdom,  and  coming  from  the  Mediterranean, 
or  from  the  West  Barbary  on  the  Atlantic  Ocean,  luhich  shall  not  be 

furnished  with  clean  bills  of  health,  shall  perform  quarantine  either  in 
Standgate  Creek  or  Milford  Haven,  and  nowhere  else.  And  in  case 
any  such  merchant  or  other  ship  or  vessel  as  aforesaid,  coming  from 
any  of  the  places  before  described,  and  not  furnished  with  a  clean  bill 
of  health,  shall  come  or  attempt  to  enter  into  any  of  the  outports  of 
the  United  Kingdom,  or  any  of  the  islands  aforesaid,  the  principal  and 
other  officer  of  the  customs  at  such  port,  or  in  such  islands,  or  the 
governor  or  chief  magistrate  thereof,  shall  cause  such  vessel  to  depart 
from  thence  immediately,  and  proceed  to  Standgate  Creek  or  Milford 
Haven,  to  perform  quarantine  ;  and  all  ships  of  war,  transports,  and 
other  vessels  in  the  actual  service  of  Government,  under  the  command 
of  commissioned  officers  of  His  Majesty's  navy,  coming  from  any  of 
the  said  places,  and  not  being  furnished  with  clean  bills  of  health, 
shall  perform  quarantine  at  the  Motherbank,  in  a  separate  and  distinct 
place,  to  be  appointed  and  marked  out  with  yellow  buoys  for  that 
purpose,  in  the  centre  of  which  place  a  floating  lazaret,  moored  with 
chains,  shall  be  stationed,  with  a  yellow  flag  constantly  flying  at  the 
mast-head  ;  and  all  vessels  and  boats  receiving  any  person,  goods, 
wares,  or  merchandise,  packets,  packages,  baggage,  wearing  apparel, 
books,  letters,  or  any  other  articles  whatever,  from  or  out  of  any 
vessel  so  coming  from  any  of  the  said  places  without  clean  bills  of 
health   as  aforesaid,   shall  perform  the  like   quarantine   at   Milford 


APPENDIX- — SECTION   I.  359 

Haven,  Standgate  Creek,  or  at  the  Motherbank  respectively,  in  the 
same  manner  as  if  such  receiving  vessels  or  boats  had  come  from  any 
of  the  said  places  without  clean  biUs  of  health. 

And  no  persons,  vessels,  or  boats  whatsoever,  other  than  the  vessels 
or  boats  belonging  to  the  medical  attendant  or  superintendent  of 
quarantine,  or  his  assistant,  or  other  boats  regularly  employed  under 
the  authority  of  the  Commissioners  of  the  Customs  in  the  quarantine 
service,  shall  go,  ujider  any  pretence  whatever,  within  the  limits  so 
marked  out,  except  in  case  of  special  necessity  and  emergency,  and 
with  permission  first  had  and  obtained  from  the  superintendent  of 
quarantine,  or  his  assistant ;  and  all  vessels  being  furnished  with  clean 
hills  of  health,  and  boats  liable  to  quarantine,  which  may  be  ordered  to 
perform  quarantine  at  the  Motherbank,  shall  come  to  an  anchor  within 
the  limits  of  the  said  yellow  buoys  in  such  place  as  shall  be  directed 
by  the  superintendent  of  quarantine  or  his  assistant,  and  shall  be  kept 
separate  and  apart  from  His  Majesty's  ships  of  war,  transports,  and 
vessels  in  the  service  of  Government,  and  having  foul  bills  of  health, 
which  may  be  performing  quarantine  within  the  limits  marked  out  by 
the  said  yellow  buoys. 

V.  All  vessels  coming  from  any  port  or  place  in  Europe,  without 
the  Straits,  or  on  the  continent  of  America,  at  which  there  is  not  a 
regular  establishment  for  the  performance  of  quarantine,  declared 
sufficient  by  His  Majesty  in  Council  as  aforesaid,  and  having  on  board 
any  of  the  articles  hereinafter  enumerated,  being  the  growth,  produce, 
or  manufactiire  of  Turkey,  or  of  any  place  in  Africa  within  the  Straits 
of  Gibraltar,  or  in  the  West  Barbary  on  the  Atlantic  Ocean ;  and  all 
vessels  and  boats  receiving  any  of  the  said  goods,  wares,  or  merchan- 
dise, or  other  .articles  as  aforesaid,  from  or  out  of  the  said  vessels, 
shall,  together  with  all  persons  (as  well  pilots  as  others),  goods, 
wares,  and  merchandise,  and  all  articles  on  board  thereof,  perform  the 
same  quarantine,  for  such  time,  in  such  manner,  and  at  such  places 
respectively  as  is  herein  directed  with  respect  to  vessels  coming  from 
the  Mediterranean,  or  from  the  West  Barbary  on  the  Atlantic  Ocean, 
with  clean  bills  of  health. 

VI.  In  case  it  shall  happen  that  any  vessel  being  liable  to  quaran- 
tine, and  having  a  clean  bill  of  health  on  board,  and  bound  to  any  of 
the  ports  or  places  aforesaid,  shall  have  passed  the  port  or  place 
hereby  appointed  for  such  vessel  to  perform  quarantine,  either  from 
the  commander  or  master  being  ignorant  of  his  liability  to  perform 
the  same,  or  from  the  said  vessel  having  been  carried  past  the  said 
port  or  place  by  stress  of  weather,  or  any  other  unavoidable  circum- 
stance, the  said  commander  or  master,  upon  proof  thereof  being  made 
by  the  oath  of  such  commander  or  master,  and  likewise  of  the  pilot  (if 
any  on  board),  to  tjie  satisfaction  of  the  superintendent  of  quarantine  or 


360  APPENDIX. — SECTION   I. 

his  assistant,  or  the  principal  or  other  officer  of  the  customs  authorised 
to  act  in  that  behalf,  and  that  the  said  passing  such  port  or  place  was 
not  done  intentionally,  and  with  a  view  of  evading  the  regulations  of 
quarantine,  may  be  permitted  to  proceed  and  repair  to  any  other  port 
or  place  appointed  for  the  performance  of  quarantine  in  the  discretion 
of  such  superintendent  or  his  assistant,  or  the  principal  or  other  officer 
of  the  cvistoms  authorised  as  aforesaid,  keeping  the  proper  quarantine 
signal  hoisted  during  the  whole  time,  and  such  commander  or  master 
shall  there  perform  quarantine  with  siich  vessel,  and  all  persons, 
goods,  wares,  and  merchandises,  and  other  articles  on  board,  in  the 
same  manner  as  if  he  had  been  bound  to  such  port  or  place. 

VII.  No  vessel  liable  to  quarantine,  not  bound  to  any  port  or  place 
in  the  United  Kingdom,  or  the  islands  aforesaid,  shall  touch  at  or 
attempt  to  enter  any  port  or  place  in  the  United  Kingdom,  or  the 
islands  aforesaid  (whether  such  port  or  place  shall  have  been  appointed 
for  the  performance  of  quarantine  or  not),  except  for  orders,  or  in 
consequence  of  stress  of  w^eather,  or  any  damage,  loss,  or  accidents  of 
the  seas,  the  circumstances  and  necessity  of  which  shall  be  proved 
upon  oath  as  aforesaid  to  the  satisfaction  of  the  superintendent  of 
quarantine  or  his  assistant,  or  of  the  principal  or  other  officer  of  the 
customs  authorised  to  act  in  that  behalf;  and  the  commanders  and 
masters  of  all  such  vessels,  by  whom  and  with  respect  to  which  such 
satisfactory  proof  shall  have  been  made  as  aforesaid,  shall  be  examined 
by  such  superintendent  or  his  assistant,  or  the  principal  or  other 
officer  of  the  customs,  and  shall  give  true  answers  upon  oath  to  the 
preliminary  quarantine  qviestions  hereinafter  directed  to  be  put  to  the 
commanders  and  masters  of  all  vessels  liable  to  perform  quarantine, 
and  shall  likewise  strictly  conform  in  all  respects  to  all  such  directions 
as  they  shall  receive  from  such  sviperintendent  or  his  assistant,  or  the 
principal  or  other  officer  of  the  customs  as  aforesaid,  as  well  with 
respect  to  their  stay  or  continuance  at  such  port,  and  their  departure 
from  thence,  and  repairing  to  any  other  port  or  place  for  that  purpose, 
as  also  with  respect  to  all  other  orders,  regulations,  and  restrictions 
touching  or  concerning  quarantine  ;  and  in  default  of  making  such 
satisfactory  proof,  or  giving  true  answers  to  such  questions,  or  of  obey- 
ing and  complying  with  such  directions,  orders,  regulations,  and  re- 
strictions as  aforesaid,  the  said  commanders,  masters,  or  other  persons 
having  the  charge  of  such  vessels,  shall  be  compelled  forthwith  to  pro- 
ceed to  sea  Avirii  such  vessels  ;  and  the  said  superintendent,  or  his  assist- 
ant, or  the  principal  or  other  officer  of  the  customs,  shall  use  all  necessary 
means  for  that  purpose,  calling  to  his  aid  the  commanders  or  other 
officers  of  any  of  His  Majesty's  ships  of  war,  if  their  assistance  shall 
appear  to  be  necessary. 

VIII.  Where  any  vessel  shall  attempt  to  enter  into  any  port  or 


APPENDIX. — SECTION   I.  361 

place  in  the  United  Kingdom  or  the  islands  aforesaid,  whether  such 
port  or  place  shall  have  been  appointed  for  the  performance  of  quaran- 
tine or  not,  the  superintendent  of  quarantine  or  his  assistant  (if  there 
shall  be  siich  superintendent  or  assistant  at  such  port  or  place),  and  if 
not,  the  principal  officer  of  His  Majesty's  customs  at  such  port  or  place, 
or  such  officer  of  the  customs  as  shall  be  authorised  by  the  commis- 
sioners of  the  customs,  or  any  four  or  more  of  them,  to  act  in  that 
behalf,  shall  go  off  to  such  vessel,  and  shall,  at  a  convenient  distance 
from  such  ship  or  vessel,  keeping  to  windward,  demand  of  the  com- 
mander, master,  or  other  person  having  charge  of  such  vessel,  answers 
to  the  foUowuig  preliminary  questions  : — 

1st.  What  is  the  name  of  the  vessel,  and  the  name  of  the  commander 
or  master  ? 

2nd.  Are  you  the  commander  or  master?  where  does  she  belong? 

3rd.  From  whence  do  you  come  ? 

4th.  To  what  place  are  you  bound  ? 

5th.  At  what  ports  have  you  touched  since  you  left  the  port  of  your 
lading  on  your  homeward  voyage  ? 

6th.  What  vessels  have  you  had  intercourse  or  communication  with 
on  your  passage,  and  from  whence  did  they  come  ? 

7th.  Did  the  plague,  or  any  other  infectious  disease  or  distemper, 
prevail  in  any  degree  at  the  place  from  whence  you  sailed  on  your 
homeward  voyage,  or  at  any  of  the  places  at  which  you  have  touched? 
If  at  any,  say  at  which,  and  when  ?  Are  any  persons  on  board  your 
ship  suffering  under  any  infectious  disease,  or  have  any  persons  died 
or  been  ill  of  a  disease  of  that  nature  in  the  homeward  passage  ? 
And  if  any,  what  number  ?  And  if  any  have  died  or  been  ill  of  such 
disease,  w^ere  their  bedding  and  clothes  destroyed  ? 

(If  the  vessel  shall  have  sailed  from  any  port  in  Europe  without  the 
Straits,  or  on  the  continent  of  America.) 

8th.  Have  you  on  board  any  goods  enumerated  in  this  list? 

(Handing  up  a  list  of  articles  enumerated.)  If  you  have,  specify 
the  same,  and  whether  they  are  of  the  growth,  produce,  or  manufac- 
ture of  Turkey,  or  of  any  place  in  Africa  within  the  Straits  of  Gib- 
raltar, or  in  the  West  Barbary  on  the  Atlantic  Ocean,  or  of  what  other 
place  ?  Have  you  any  declaration  to  prove  of  what  place  they  are  the 
growth,  produce,  or  manvifacture  ? 

(If  the  vessel  comes  from  the  Mediterranean,  or  from  any  other 
place  respecting  which  there  is  any  Order  in  Council  in  force  con- 
cerning quarantine  ) 

9th.  Have  you  any,  and  what  bill  of  health  ? 

10th.  What  number  of  officers,  mariners,  and  passengers  have  yoit 
on  board '! 

3  A 


362  APPENDIX. SECTIOX    I. 

(And  in  cases  of  vessels  coming;  from  or  having  touched  at  any  port 
or  place  on  the  continent  of  America,  or  the  islands  adjacent 
thereto,  or  coming  from  or  having  touched  at  any  ports  in  the 
West  Indies,  the  foUoAviug  questions  are  to  be  put  in  addition  to 
the  aforesaid  questions)  : — 

11th.  In  the  course  of  your  voyage,  have  any  persons  oil  board  suf- 
fered from  sickness  of  any  kind  ;  what  Avas  the  nature  of  such  sickness, 
and  when  did  it  prevail  ?  How  many  persons  were  affected  by  it,  and 
have  any  of  them  died  in  the  course  of  the  voyage  ? 

12th.  How  long  after  sailing  from  your  port  of  lading,  or  having 
touched  at  any  port  on  the  continent  of  Amei-ica,  or  the  islands  adja- 
cent thereto,  or  any  of  the  ports  in  the  West  Indies,  was  the  first  ap- 
pearance of  disease  observed? 

13th.  How  had  the  persons  attacked  been  employed  before  they 
came  on  board  ? 

14th.  Had  they  been  employed  in  loading  or  iniloading  the  vessel 
before  she  left  the  port  i 

15th.  Had  the  place  which  they  inhabited  before  they  sailed  the 
reputation  of  being  healthy  ;  or  was  it  subject  particularly  to  the 
fever  incident  to  the  country  ? 

16th.  Had  the  fever  been  frequent  in  the  place  before  the  vessel 
sailed  i 

17th.  Did  the  persons  who  were  ill  on  board  your  vessel  fall  sick 
nearly  about  the  same  time,  or  within  a  few  days  of  each  other ;  or  did 
the  disorder  spread  successively  from  one  to  another,  and  increase 
considerably ;  or  did  it  abate  gradually,  and  cease  to  multiply  as  the 
distance  from  the  ports  you  sailed  from  or  touched  at  as  aforesaid 
increased  ? 

18th.  What  was  the  greatest  number  of  persons  ill  at  the  most  sickly 
period  of  your  voyage  ? 

19th.  What  Avere  the  whole  number  of  persons  on  board  your  vessel 
when  you  sailed? 

20th.  What  is  the  whole  number  of  persons  noAv  ill  on  board  your 
vessel ? 

21st.  Can  you  state  what  were  the  symptoms  of  illness  with  which 
your  crew  was  first  attacked,  and  what  was  the  daily  succession  and 
change  in  them  till  their  death  ? 

22nd.  Whether  any  and  what  medicines  have  been  used,  and  Avhat 
methods  have  been  adopted  to  prevent  its  spreading  among  the  crew  ? 

2ord.  Whether  attention  had  been  paid  to  cleanliness  and  ventilation 
on  board  your  vessel  ? 

24th.  When  did  you  sail  from  the  port  or  place  from  whence  you 
took  on  board  your  outward  cargo,  and  at  Avhat  place  did  you  toucli 


APPENDIX. — SECTION   I.  363 

before  j'ou  arrived  at  the  port  or  place  ^bere  }  ou  took  iu  your  present 
cargo  ? 

2oth.  Did  you  carry  any  bill  of  health  with  you  to  the  port  or  place 
where  yoii  took  in  the  cargo  you  have  now  on  board  ?  From  what 
place?     Were  the  said  bills  of  health  clean,  unclean,  or  suspected? 

And  such  commander,  master,  or  other  person  having  charge  of  such 
vessel,  shall,  upon  such  demand,  give  a  true  answer  to  such  questions 
in  writing  or  otherwise,  and  upon  oath,  or  not  upon  oath,  according 
as  he  shall  be  required  by  such  superintendent  or  his  assistant,  or 
principal  officer  or  other  officer  of  the  Customs  authorised  as  afore- 
said, under  such  pains  and  penalties  as  are  inflicted  by  the  said  herein- 
before recited  Act. 

And  if  it  shall  appear  by  the  answers  so  given  to  the  said  questions 
that  the  said  vessel  is  liable  to  quarantine,  the  said  commander 
master,  or  other  person  having  the  charge  or  command  thereof,  shall 
be  directed  to  repair,  and  shall  repair  forthwith  with  such  vessel  to 
the  proper  place  appointed  in  that  behalf  for  the  performance  of 
quarantine,  and  shall  not  be  permitted  to  remain  in  or  enter  into  any 
port  or  place  other  than  the  port  or  place  so  appointed  as  aforesaid, 
unless  compelled  by  stress  of  weather,  damage,  loss,  or  other  injury 
unavoidably  occasioned  to  the  vessel  by  the  perils  of  the  seas  ;  which 
shall  be  made  appear  by  the  oath  and  examination  of  such  commander 
or  master,  and  of  the  pilot  (if  any)  on  board,  to  the  satisfaction  of  the 
superintendent  or  his  assistant,  or  of  the  principal  or  other  officer  of 
the  Customs  authorised  as  aforesaid,  at  the  port  or  place  in  which  he 
shall  be  so  detained,  or  into  which  he  shall  be  so  compelled  to  enter 
as  aforesaid ;  in  default  of  which  satisfactory  proof,  or  when  the  cause 
of  such  vessel  so  coming  in  as  aforesaid  shall  no  longer  exist,  such 
superintendent,  assistant,  principal  or  other  officer  of  the  Customs 
authorised  as  aforesaid,  shall  direct,  and  (if  necessary)  compel  such 
vessel  to  repair  to  the  proper  place  appointed  in  that  behalf  for  the 
performance  of  quarantme,  and  shall  use  all  necessary  means  for  that 
purpose. 

IX.  And  it  is  hereby  further  ordered,  that  on  the  arrival  of  any 
vessel  liable  to  quarantine  in  any  port  or  place  hereby  appointed  for 
the  performance  of  quarantine,  the  superintendent  of  quarantine,  or 
his  assistant,  or,  in  case  of  such  superintendent  and  his  assistant  being 
otherwise  necessarily  engaged,  the  principal  officer  of  His  Majesty's 
Customs  at  siich  port  or  place,  or  such  officer  of  the  Customs  as  shall 
be  duly  authorised  to  act  in  that  behalf  (together  with  the  medical 
attendant,  in  such  cases  as  shall  be  thought  to  require  his  assistance), 
shall  go  alongside  such  vessel  in  a  boat  (keeping  to  windward),  and 
shall  see  the  officers,  crcAv,  and  all  other  persons  belonging  to  or  being 


364  APPENDIX. — SECTION    I. 

on  board  such  vessel,  mustered  on  the  gangway,  and  the  superin- 
tendent of  quarantine  or  his  assistant,  or  such  principal  or  other  officer 
of  the  Customs  authorised  as  aforesaid,  shall  then  and  there,  in  the 
presence  of  the  crew,  put  the  following  questions  to  the  ccunmander, 
master,  or  other  person  having  charge  of  the  vessel : — 

1st.  What  is  the  name  of  the  vessel,  and  the  name  of  her  commander 
or  master  ? 

2nd.  Are  you  the  conunander  or  master  ? 
3rd.  To  what  port  or  place  does  she  belong  .' 

4th.  When  did  you  sail  from  the  port  or  place  from  whence  you  took 
on  board  your  outward  cargo,  and  at  what  places  did  you  touch  before 
you  arrived  at  the  port  or  place  where  you  took  in  your  present 
cargo  ? 

5th.  Did  you  carry  any  bill  or  bills  of  health  with  you  to  the  port 
or  place  where  you  took  in  the  cargo  you  have  now  on  board  ?  From 
what  places  ?  Were  the  said  bills  of  health  clean,  unclean,  or  sus- 
pected ? 

6th.  From  what  port  or  place  does  she  now  come  ?  When  did  you 
sail  from  such  port  or  place,  and  at  what  place  or  places  have  you 
touched  in  the  course  of  the  voyage  ? 

7th.  Have  you  any  bill  or  bills  of  health  on  board  ?  From  what 
place  or  places  ?  Are  the  same  clean,  unclean,  or  suspected  ?  Pro- 
duce them. 

(If  the  vessel  shall  have  sailed  from  any  port  or  place  in  Europe 

without  the  Straits,  or  on  the  continent  of  America.) 
8th.  Of  what  articles  does  your  cargo  consist  ?   Have  you  on  board 
any  goods  enumerated  in  this  list  ? 

(Handing  up  a  list  of  articles  enumerated.) 
If  you  have,  specify  the  same,  and  whether  they  are  of  the  growth, 
produce,  or  manufacture  of  Turkey,  or  of  any  place  in  Africa  within 
the  Straits  of  Gibraltar,  or  in  the  West  Barbary  on  the  Atlantic  Ocean, 
or  of  what  other  place.  Have  you  any  declaration  to  prove  of  what 
place  they  are  the  growth,  produce,  or  manufacture  ? 

9th.  At  what  place  or  places  was  the  cargo,  or  any  part  thereof, 
taken  on  board  ?  On  what  day  did  you  arrive  at  the  place  or  places 
where  you  took  in  the  whole,  or  any,  and  what  part  of  the  cargo  ?  And 
on  what  day  did  you  sail  from  such  place  or  places,  and  what  part  of 
your  cargo  was  taken  in  at  each  place,  and  when  ? 

10th.  Did  the  plague,  or  any  other  infectious  disease  or  distemper, 

prevail  in  any  degree  at  the  places  from  whence  you  sailed,  or  at  any 

of  the  places  at  which  your  cargo  was  taken  on  board,  or  at  which  you 

touched  ?     If  at  any,  say  at  which,  and  when  ? 

J  1th.  Did  you  hear  of  any  report,  or  are  you  aware  of  any  suspicion 


APPENDIX. — SECTION    I.  365 

having  existed  at  the  time  of  your  sailing,  that  the  plague,  or  any 
other  infectious  disease,  prevailed  at  the  place  from  whence  you 
sailed,  or  at  any  other  place  in  the  Mediterranean  (or  in  America  or 
the  West  Indies,  as  the  case  may  be)  ? 

12th.  What  number  of  ofiicers,  maruiers,  passengers,  or  other 
persons,  have  j'ou  on  board  ?     Describe  the  number  of  each. 

13th.  At  what  port  did  you  take  on  board  your  passengers  ? 

14th.  Were  they  residents  at  that  place,  or  had  they  been  embarked 
as  passengers  on  board  any  other  vessel  from  any  other  places,  and 
from  what  places,  and  at  what  time  ? 

loth.  Do  the  said  officers,  mariners,  passengers,  and  other  persons, 
consist  of  the  same  individuals  as  were  on  board  at  the  port  from 
which  you  sailed  upon  your  homeward  yoyage?  If  any  other  persons 
have  been  taken  on  board,  or  if  any  of  your  officers,  crew,  or  passen- 
gers have  quitted  your  A^essel  since  you  sailed  from  such  port,  or 
before  your  arrival  at  this  place,  or  if  any  other  alterations  in  that 
respect  have  taken  place,  specify  the  same,  the  causes,  and  the  time  or 
times  of  such  alterations. 

16th.  What  number  of  persons  (if  any)  have  died  on  board  during 
the  voyage  ?  Outwards  or  homewards,  or  at  any  port  at  which  you 
have  touched?  When  and  in  Avhat  part  of  the  voyage  did  such  person 
or  persons  die  ?     Of  what  disease  or  distemper  ? 

17th.  Have  any  of  your  officers,  mariners,  or  other  persons  of  your 
crew  who  sailed  with  you  on  your  outward  voyage,  died  or  left  the 
vessel? 

18th.  In  the  course  of  your  voyage  outward  or  homeward,  or  at  any 
port  at  which  you  have  touched,  have  any  persons  on  board  suffered 
from  sickness  of  any  kind  ?  What  was  the  nature  of  such  sickness  ? 
When  did  it  prevail?  How  many  persons  were  affected  by  it?  Are 
there  any  convalescents  on  board  ?  Or  are  all  persons  on  board  at 
present  in  good  health  ? 

19th.  Were  any  of  those  who  died,  or  who  have  been  sick  in  the 
course  of  the  voyage,  or  at  any  port  at  which  you  have  touched, 
affected,  or  suspected  to  have  been  affected,  by  any  infectious  disease 
or  distemper  ? 

Were  the  bedding  and  clothes  of  such  deceased  and  sick  persons 
destroyed  ?  If  so,  when  and  in  what  manner  ?  Were  any  of  the 
persons  immediately  employed  about  the  sick  afterwards  taken  ill  ? 
If  so,  of  w^hat  disease,  and  in  how  many  days  after  having  been  so 
employed  ? 

20th.  At  what  precise  time  did  such  deaths  happen  ?  In  how  many 
days  after  being  indisposed  did  the  sick  die  ?  What  were  the  most 
obvious  appearances  of  the  disease  ? 


36G  APPENDIX. — SECTION    I, 

21st.  Have  you  spoken  to,  or  otherwise  had  any  communication 
with,  any  vessels  at  sea  during  the  voyage?  AVhat  were  the  names  of 
such  vessels,  and  to  what  country,  port,  or  place  did  they  belong  ? 
From  what  ports  or  places  were  they  coming,  or  at  what  ports  or 
places  had  they  touched  on  their  voyage,  and  to  what  country,  ports, 
or  places  were  they  bound  ?  What  was  the  nature  of  the  communica- 
tion held?  What  do  you  know  respecting  the  state  of  health  on  board 
such  vessel  ? 

22nd.  Have  there  been  any  letters,  parcels,  or  other  articles,  deli- 
vered out  of,  or  received  into  your  vessel,  from  any  vessel  or  boat  met 
with  on  the  voyage,  or  before  or  since  your  arrival  at  this  place  ;  and 
what  were  such  letters,  parcels,  or  articles,  and  where  were  the  same 
delivered  or  received,  and  into  or  out  of  what  vessel  or  boat  ? 

23rd.  Have  you  any  packages  or  parcels  which  you  have  taken 
charge  of?  If  so,  Avhat  are  their  contents,  and  when  and  where  did 
you  take  them  on  board  ? 

24th.  What  pilots  or  other  persons  from  the  shores  of  the  United 
Kingdom,  or  from  the  islands  of  Scilly,  Guernsey,  Jersey,  Alderney, 
Sark,  or  Man,  have  been  or  are  now  on  board  your  vessel,  or  have  had 
any  communication  whatever  with  the  ship's  company,  or  any  of  the 
passengers,  diiring  the  voyage  homewards,  or  before  or  since  your 
arrival  at  this  place  ?  If  any  such  pilots  or  other  persons  have  come 
on  board,  and  have  afterwards  quitted  your  vessel,  specify  the  names 
of  such  persons,  and  the  time,  manner,  and  circumstances  of  their  so 
quitting  your  vessel. 

25th.  Did  you  leave  any  British  vessels  at  any  of  the  ports  you 
sailed  from  ?  If  you  did,  mention  their  names,  and  the  names  of  the 
commanders. 

26th.  Were  such  vessels  loading,  were  they  near  their  departure, 
and  whither  were  they  bound  ? 

27th.  Did  you  meet  with  any  British  vessels  at  any  of  the  places 
you  touched  at?  If  you  did,  say  when,  where,  and  what  were  the 
names  and  destinations  of  such  vessels,  and  to  what  ports  or  places 
did  they  belong? 

28th.  Do  you  know  whether  any  foreign  vessels  loading  at  the  port 
from  which  you  sailed,  were  bound  beyond  the  Straits  of  Gibraltar  ? 
and  if  so,  what  were  they,  and  whither  were  they  bound  ? 

29th.  Do  you  know  whether  any  person  whatever  employed  in  load- 
iiig  youi"  vessel,  or  in  bringing  any  articles  into  it,  or  having  any  com- 
munication on  board  thereof,  was  taken  ill  during  such  employment 
or  communication  ?  or  whether,  by  the  absence  of  such  person  or 
persons  in  the  course  of  such  employment,  any  suspicion  was  enter- 
tained of  their  having  been  taken  ill .'     If  so,  of  what  disease? 


APPENDIX. SECTION    I.  367 

30th.  Do  you  know  whether  or  not  your  cargo,  or  any  part  thereof, 
had  been  long  in  warehouse  before  its  being  taken  on  board?  If  you 
do,  say  how  long.  Have  you  any  knowledge  of  its  being  packed  or 
handled  on  shore,  or  conveyed  from  shore,  or  stowed  on  board  by 
persons  affected  with  the  plague,  or  any  other  infectious  disease  or 
distemper  ? 

X.  And  it  is  further  ordered,  that  the  answers  to  the  aforesaid 
questions  shall  be  taken  down  in  writing,  and  the  commander,  master, 
or  other  person  having  the  charge  of  such  vessel,  shall  solemnly  make 
oath  to  the  truth  thereof  before  the  superintendent  of  quarantine  or 
his  assistant,  or  the  principal  or  other  officer  of  the  Customs  authorised 
as  aforesaid  (as  the  case  may  be) ;  and  such  superintendent  of  quaran- 
tine or  his  assistant,  or  such  principal  or  other  officer  of  the  Customs 
as  aforesaid  (with  the  advice  of  the  medical  attendant,  if  such  advice 
shall  be  judged  necessary),  shall,  according  to  the  answers  returned 
to  the  questions  hereinbefore  set  forth,  then  appoint  a  proper  place  or 
station  for  such  commander,  master,  or  other  person  having  the 
charge  of  such  vessel,  to  repair  to  with  such  vessel,  who  thereupon 
shall,  as  soon  as  possible  after  havmg  answered  the  foregoing  ques- 
tions, repair  with  stich  vessel  to  such  place  or  station,  where  the  said 
vessel  shall  be  forthwith  placed,  and  shall  there  perform  quarantine 
accordingly  ;  the  said  commander,  master,  or  other  person  having  the 
charge  of  such  vessel,  carrjdng  with  him  the  log-book,  manifest,  and 
all  the  ship's  papers,  all  of  which  he  shall  there  deliver  to  the  superin- 
tendent of  quarantine,  or  his  assistant,  or  to  the  principal  or  other 
officer  of  the  Customs  authorised  as  aforesaid  (as  the  case  may  be),  the 
said  log-book,  manifest,  and  papers  having  been  first  immersed  in 
vinegar,  and  fumigated ;  and  such  commander,  master,  or  other  person 
having  the  charge  of  such  vessel,  shall  there  solemnly  make  oath  to 
the  truth  of  the  contents  of  such  log-book,  to  the  best  of  his  recollec- 
tion and  belief,  or  shall  state  and  specify  upon  oath  in  what  particulars 
alone  the  same,  or  any  part  thereof,  is  false  and  incorrect,  and  whether 
every  particular  entry  therein  was  made  as  soon  after  the  fact  as 
possible  ;  and  if  not,  for  what  reason  it  was  delayed,  and  when  it  was 
made  ;  and  also  to  the  truth  of  all  the  other  ship's  papers,  before  svich 
superintendent  or  his  assistant,  or  the  principal  or  other  officer  of  the 
Customs  authorised  as  aforesaid,  and  shall  obey  and  conform  to  all 
such  dii'ections  as  he  shall  then  receive,  touching  the  performance  of 
quarantine,  from  such  superintendent  or  his  assistant,  or  the  principal 
or  other  officer  of  the  Customs  authorised  as  aforesaid. 

XI.  In  the  case  of  vessels  liable  to  quarantine  arriving  at  anj^  of 
the  ports  of  the  United  Kingdom  or  islands  aforesaid,  if  any  suspicious 
circumstances  shall  appear  in  the  answers  returned  to  the  said  ques- 


368 


APPENDIX. SECTION    I. 


tions  by  the  commander  or  master,  or  other  person  having  charge  of 
any  such  vessel,  or  from  any  other  circumstance,  the  proper  officer  of 
the  Customs  at  such  port  or  island  shall  immediately  transmit  such 
answers,  and  give  notice  of  the  cause  of  such  suspicion,  to  the  Lords 
of  His  Majesty's  most  honourable  Privy  Council,  and  the  Commis- 
sioners of  His  Majesty's  Customs,  <and  shall,  Avithout  regard  to  the  bill 
of  health,  whether  clean  or  otherwise,  order  such  Acssel  to  a  station 
distant  from  all  other  vessels  in  the  same  port  or  place,  and  put  her 
under  special  guard,  in  order  the  more  effectually  to  prevent  all 
communication  therewith. 

XII.  All  vessels  liable  to  quarantine  as  aforesaid,  and  being  fur- 
nished with  clean  bills  of  health,  as  well  as  the  crews  and  passengers 
on  board  the  same,  shall  perform  a  quarantine  of  fifteen  days,  in 
the  manner  heretofore  practised,  which  quarantine  shall  commence 
from  the  time  when  such  part  of  the  cargo,  if  any,  as  is  hereinafter 
enumerated,  shall  have  been  delivered  into  a  floating  lazaret  in  Stand- 
gate  Creek  or  Milford  Haven,  in  case  the  ship  or  vessel  shall  perform 
quarantine  in  Standgate  Creek  or  IVIilford  Haven  ;  or  into  the  lighters 
or  other  proper  vessels  appointed  for  that  purpose,  in  case  the  vessel 
shall  perform  quarantine  at  any  of  the  places  hereinbefore  appointed 
for  the  performance  thereof  by  vessels  bound  to  any  of  the  out-ports 
or  islands  aforesaid ;  but  in  cases  where  no  part  of  the  cargo  shall 
consist  of  such  enumerated  goods,  then  such  quarantine  of  fifteen 
days  shall  commence  on  the  day  on  which  the  master  or  other  person 
having  charge  of  such  vessel  shall  have  arrived  with  such  vessel  at 
the  station  so  appointed  as  aforesaid. 

XIII.  With  respect  to  all  goods,  wares,  and  merchandises  coming 
from  the  Mediterranean,  or  from  the  West  Barbary  on  the  Atlantic 
Ocean,  in  vessels  furnished  with  clean  bills  of  health,  all  goods,  wares, 
and  merchandises,  other  than  such  as  are  hereinafter  enumerated, 
shall  be  aired  and  treated  on  board  the  vessel  in  which  they  shall 
arrive  according  to  the  manner  heretofore  practised  respecting  such 
goods  imported  in  vessels  furnished  with  clean  bills  of  health,  and 
shall  continue  to  be  so  treated  for  and  during  the  space  of  one  week  ; 
and  all  such  goods,  wares,  and  merchandises  as  are  hereinafter  enume- 
rated, so  coming  in  vessels  with  clean  bills  of  health,  shall  be  removed 
from  the  vessel  to  the  place  appointed  for  that  purpose,  and  shall  be 
aired  and  treated  in  the  manner  heretofore  practised  with  regard  to 
such  goods,  wares,  and  merchandises,  and  shall  continue  to  be  so 
treated  for  and  dxiring  the  space  of  fifteen  days. 

XIV.  With  respect  to  all  goods,  wares,  and  merchandises,  and  other 
articles  as  aforesaid,  brought  or  imported  in  vessels  not  having  the 
plague  or  other  infectious  disease  or  distemper  as  aforesaid  actually 


APPENDIX. — SECTION   I.  369 

on  board,  and  which  may  arrive  in  any  of  the  ports  of  the  United 
Kingdom  or  the  islands  aforesaid,  coming  from  the  Mediterranean,  or 
from  the  West  Barbary  on  the  Atlantic  Ocean,  not  being  furnished 
with  clean  bills  of  health,  such  goods,  wares,  and  merchandise,  and 
other  articles  as  aforesaid  (such  vessel  having  first  repaired  to  Stand- 
gate  Creek  or  Milford  Haven  as  hereinbefore  directed),  shall  perform 
quarantine  in  a  floating  lazaret,  either  at  Standgate  Creek  or  Milford 
Haven,  and  nowhere  else,  in  the  manner  and  for  the  time  hereinafter 
mentioned. 

XV.  Immediately  after  the  commander,  master,  or  other  person 
having  charge  of  every  such  vessel  so  arriving  with  a  foul  bill  of 
health,  or  on  board  of  which  infection  shall  have  appeared,  shall  have 
undergone  the  examination  hereinbefore  directed,  and  shall  have 
arrived  with  his  vessel  at  the  station  so  appointed  as  aforesaid,  two 
quarantine  guardians  shall  be  placed  on  board  such  vessel  by  the 
superintendent  of  quarantine,  or  his  assistant. 

XVI.  All  persons  on  board  any  vessel  under  quarantine  may  be 
permitted  to  have  communication  with  others  by  letters,  under  the 
following  regulations  and  restrictions,  viz.  : 

An  officer  appointed  by  the  superintendent  of  quarantine  shall  daily, 
at  a  fixed  hour,  go  round  the  different  lazarets  and  vessels  in  quaran- 
tine to  receive  letters,  the  usual  precaution  of  dipping  such  letters  in 
vinegar,  and  putting  them  into  the  fumigating  box  being  always  first 
observed;  and  such  letters  shall  remain  in  the  fumigating  box  until 
jsuch  time  as  the  superintendent  shall  give  directions  for  taking  them 
out  to  be  forwarded,  and  no  person,  except  the  said  superintendent  of 
quarantine  or  his  assistant,  or  one  of  the  guardians  on  board  the  vessel, 
shall  be  permitted  to  deliver  such  letters  from  such  fumigating  box ; 
and  the  said  persons  so  hereby  authorised  to  deliver  the  same  shall 
take  care,  where  several  letters  or  papers  are  enclosed  together,  to  slit 
open  the  covers  in  manner  practised  in  the  lazarets  of  the  Mediter- 
ranean. And  all  letters  to  such  persons  so  under  quarantine  shall  be 
delivered  to  the  superintendent  or  his  assistant,  and  shall  be  distri- 
buted by  him,  or  according  to  his  directions  ;  and  no  communication 
lor  conference  shall  be  had  by  persons  not  under  quarantine  with  per- 
sons so  under  quarantine,  except  by  permission  or  in  the  presence  of 
^he  superintendent  or  his  assistant,  and  under  such  regulations  and 
restrictions  as  shall  be  directed  by  the  said  superintendent. 

Provided  always,  that  the  medical  attendant  and  superintendent,  or 
lis  assistant,  or  any  other  person  duly  authorised  by  an  Order  in 
]!Jouncil,  may  go  on  board  anj'  vessel  under  quarantine  without  such 
nedical  attendant  or  superintendent,  or  his  assistant,  being  in  any  way 
iubject  to  the  restraint  of  quarantine. 

3  B 


370  APPENDIX. — SECTION   I. 

XVII.  A  night  watch  shall  be  regularly  kept,  and  a  sufficient  num- 
ber of  guard-boats  and  officers  shall  be  appointed  for  the  pui-pose  of 
preventing  all  clandestine  communications  with  persons  under  quaran- 
tine ;  and  all  the  boats  belonging  to  vessels  under  quarantine,  either 
at  Standgate  Creek,  Milford  Haven,  or  at  the  other  out-ports,  shall  be 
taken  from  them,  and  no  use  made  of  such  boats,  except  for  the  pur- 
pose of  carrying  goods  to  the  lazaret,  or  upon  occasions  of  necessity, 
such  necessity  to  be  determined  by  the  superintendent  of  quarantine; 
and  such  boats  shall  not  be  delivered  up  to  the  commanders  or  masters 
of  such  vessels,  until  the  expiration  of  the  quarantine  to  be  respec- 
tively performed  by  them. 

XVIII.  The  superintendent  of  quarantine,  or  his  assistant,  or  some 
other  proper  person  appointed  by  the  superintendent,  shall,  as  often 
as  required,  afford  assistance  and  provide  necessaries  for  the  persons 
under  quarantine,  taking  care  to  allow  of  no  improper  communication 
with  the  persons  employed  for  that  purpose ;  which  persons  shall 
always  place  their  boats  to  windward,  and  shall  deliver,  by  means  of 
buckets,  the  articles  supplied  by  them. 

XIX.  The  quarantine  guardians  who  shall  be  placed  on  board 
vessels  shall  be  instructed  to  take  especial  care  that  nothing  whatever 
be  delivered  from  on  board  such  vessels  when  vmder  quarantine,  with- 
out an  order  in  writing  from  the  superintendent  or  his  assistant,  every 
such  order  to  be  entered  in  a  book  by  one  of  the  said  guardians,  and 
the  original  to  be  delivered  back  to  the  superintendent  or  his  assist- 
ant ;  and  nothing,  however  little  susceptible  it  may  be  thought  to  be 
of  infection,  shall  be  conveyed  from  one  vessel  under  quarantine  to 
another,  nor  any  personal  intercourse  be  permitted  from  any  such 
vessel  to  another;  and  one  of  the  quarantine  guardians,  when  thereto 
required  by  the  superintendent  of  quarantine  or  his  assistant,  shall 
accompany  the  lighters  and  boats  Avhich  shall  be  employed  in  passing 
to  or  from  the  vessel  on  board  of  which  such  guardians  are  placed, 
during  the  passage  of  such  lighters  and  boats  to  and  from  such  ves- 
sel, in  order  to  prevent  any  communication  in  the  transit  of  the  cargo 
from  the  vessels  to  any  floating  lazaret,  and  shall  take  care,  after  every 
removal  of  goods,  that  no  remnants  of  cotton,  or  of  any  other  enu- 
merated article,  remain  in  the  lighters  or  the  boats,  but  shall,  before 
leaving  off  work,  collect  and  deliver  such  remnants  into  the  lazaret 
with  the  last  package  which  they  shall  then  carry  from  the  said  vessel. 

XX.  The  guardians  shall  take  care  that,  after  the  discharge  of  the 
cargoes  into  the  lazaret,  the  holds  and  between  decks  of  the  vessels 
shall  be  completely  swept,  and  the  sweepings  burnt. 

XXI.  The  said  guardians  shall  diligently  search  the  lockers,  chests, 
and  other  repositories  of  the  officers,  passengers,  and  crews,  and  every 


APPENDIX. — SECTION    I.  371 

part  of  the  vessels,  so  that  no  article  so  enumerated,  nor  any  matter 
or  thing  considered  as  susceptible  of  infection,  remain  undelivered  to 
the  lazaret,  unless  what  shall  be  declared  by  the  said  superintendent 
or  medical  attendant  to  be  requisite  for  daily  use,  and  shall  see  that 
all  the  said  chests,  lockers,  and  other  repositories,  and  all  the  clothes 
and  bedding  in  the  vessel  be  daily  opened  and  aired,  in  such  manner  as 
shall  be  directed  by  the  superintendent  of  quarantine. 

XXII.  One  of  the  said  guardians  shall  make  a  daily  report  to  the 
superintendent  of  quarantine  or  his  assistant,  and  to  the  medical 
attendant,  of  the  state  of  health  of  every  person  on  board,  and  v»'he- 
ther  the  regulations  of  quarantine  have  been  properly  complied  with  ; 
and  in  case  any  impediment  shall  occur  in  the  execution  of  the  duties 
required  of  the  said  guardians,  they  shall  give  notice  immediately  to 
the  commander,  master,  or  other  person  having  charge  of  the  vessel 
in  the  first  instance,  and  if  thereupon  such  impediment  be  not  instantly 
removed,  they  shall  then  give  notice  thereof  to  the  superintendent  of 
quarantine,  or  his  assistant,  who  shall  take  care  to  use  eflfectual  means 
for  the  removal  of  the  same. 

XXIII.  If  any  person  on  board  shall  fall  sick,  and  any  medical  per- 
son shall  be  on  board  the  vessel,  such  medical  person  shall  confer  with 
the  medical  attendant  alongside  the  vessel,  the  medical  attendant  keep- 
ing to  windward,  at  a  distance  of  not  less  than  ten  feet ;  and  in  case 
there  shall  be  no  medical  person  on  board,  and  it  shall  be  necessary 
for  the  medical  attendant  to  inspect  the  sick,  the  visit  shall  be  made 
at  the  ship's  boat  by  the  medical  attendant  in  his  own  boat,  keeping 
to  windward  at  the  like  distance  of  not  less  than  ten  feet ;  and  if  any 
patient,  after  being  examined  in  the  manner  before-mentioned,  shall  be 
found  to  require  such  medical  or  chirurgical  aid  as  cannot  properly 
be  administered  except  in  the  hospital  ship,  he  shall  be  removed  to 
such  hospital  ship. 

XXIV.  In  case  any  pestilential  disorder  shall  actually  discover 
itself  on  board  any  vessel,  or  among  any  of  the  persons  under  quaran- 
tine, the  person  or  persons  affected  with  such  disorder  shall  be 
removed  with  all  possible  care  and  despatch,  under  the  special  direc- 
tion of  the  superintendent  of  quarantine  and  medical  attendant,  to  the 
hospital  ship,  and  proper  attendants  shall  be  assigned  to  such  patient 
or  patients  by  the  superintendent  of  quarantine,  with  the  advice  of  the 
medical  assistant ;  and  such  patient  or  patients  shall  be  visited  at  a 
due  distance,  by  the  said  medical  attendant ;  and  in  case  nearer  ap- 
proach shall  be  required,  some  persons  shall  be  specially  appointed  by 
the  medical  attendant  for  that  purpose. 

XXV.  The  passengers  and  crew  of  any  vessel  under  quarantine  may 
have  the  assistance  of  any  medical  persons  they  maj^  desire  from  the 


372  APPENDIX. — SECTION   I. 

shore,  subject  to  the  official  visits  of  the  medical  attendant,  and  to 
such  regulations  and  restrictions  as  the  superintendent  of  quarantine, 
with  the  advice  of  such  medical  attendant,  shall  judge  necessary;  but 
all  such  medical  persons,  as  well  as  all  others,  if  they  communicate  by 
contact  with  the  sick,  shall  perform  the  same  quarantine  as  the  sick 
persons  themselves. 

XXVI.  After  the  quarantine  guardians  shall  have  been  placed  on 
board  any  vessel,  the  pilot  may  quit  such  vessel,  and  be  removed  to 
the  hospital  ship,  and  continue  under  quarantine  until  the  probationary 
airing  of  the  goods,  wares,  and  merchandises,  as  hereinafter  directed, 
shall  be  finished ;  and  at  the  expiration  of  such  probationary  airuig, 
such  pilot,  if  he  continue  free  from  infection,  shall  be  fumigated,  and 
discharged  from  quarantine;  provided  always,  that  during  the  per- 
formance of  such  quarantine,  such  pilot  shall  not  have  communication 
with  any  other  person,  except  under  similar  restrictions  to  those  herein 
directed  with  regard  to  other  persons  under  quarantine. 

XXVII.  In  case  any  pestilential  accident  shall  occur  among  the 
crew,  passengers,  or  other  persons  on  board  any  vessel  during  the  pro- 
bationary airing  of  the  goods,  at  whatever  stage  of  the  quarantine 
such  accident  may  happen,  the  quarantine  of  all  the  crew,  passengers, 
or  other  persons,  and  of  the  pilot  (if  there  shall  be  a  pilot  at  that  time 
liable  to  quarantine  in  respect  to  his  having  been  on  board  such  ves- 
sel), as  well  as  of  the  goods,  wares,  and  merchandises,  shall  recom- 
mence, and  the  sick  persons  shall  be  sent  to  the  hospital  ship,  the 
external  guard  shall  be  immediately  doubled,  and  notice  of  such  acci- 
dent shall  be  given,  with  all  possible  despatch,  to  the  Lords  of  His 
Majesty's  Privy  Council,  that  they  may  give  such  orders  thereupon  as 
may  appear  to  them  to  be  necessary. 

XXVIII.  In  the  event  of  the  plague  actually  appearing  onboard 
any  vessel  on  her  voyage  to  any  port  in  the  United  Kingdom,  she  shall 
immediately,  if  to  the  southward  of  Cape  St.  Vincent,  repair  to  some 
lazaretto  in  the  Mediterranean,  there  to  perform  quarantine,  and  if  to 
the  northward  of  Cape  St.  Vincent,  she  shall  immediately  repair  to 
Milford  Haven,  there  to  perform  quarantine. 

XXIX.  The  baggage,  wearing  apparel,  books,  and  every  other  article 
belonging  to  any  person  on  board  any  vessel  arriving  as  above-men- 
tioned with  a  foul  bill  of  health,  or  on  board  of  which  infection  shall 
have  appeared,  for  which  they  shall  have  no  immediate  occasion,  shall 
be  sent  to  the  lazaret,  for  the  purpose  of  being  aired  in  like  manner 
as  other  goods  of  the  same  description ;  and  before  any  of  the  pas- 
sengers or  crew  shall  be  discharged  from  quarantine,  they,  their 
clothes,  and  other  effects  which  have  remained  with  them,  shall  be 
fumigated. 


APPENDIX. — SECTION   I. 


373 


XXX.  Immediately  after  the  pilot,  and  sucli  of  the  passengers  and 
crew  of  the  vessels  so  arriving  with  fovil  bills  of  health  as  may  be  per- 
mitted or  directed  to  perform  quarantine  as  hereinbefore  mentioned, 
shall  have  quitted  the  vessel  in  which  they  shall  have  arrived,  the 
hatches  of  such  vessel  shall  be  opened,  and  the  probationary  airing  of 
the  cargo  shall  commence,  which  probationary  airing  shall  be  in  the 
following  manner,  viz.  : — 

Such  a  number  of  bales  of  the  enumerated  goods,  wares,  and  mer- 
chandises hereinafter  stated,  as  can  be  ranged  upon  deck,  shall  be 
taken  from  the  hold,  and  the  seams  at  one  or  both  ends  being  ripped 
open,  the  contents  shall  be  handled  as  much  as  possible  by  the  sailors 
in  presence  of  one  of  the  guardians,  and  under  this  process  of  hand- 
ling and  turning  such  bales  shall  remain  exposed  to  the  air  for  six 
days,  and  on  the  subsequent  day  shall  be  put  into  a  condition  to  be, 
and  shall  accordingly  be  delivered  to  the  lighter  appointed  to  trans- 
port them  to  the  floating  lazaret ;  and  as  soon  as  the  deck  is  cleared 
of  the  first  parcel  of  goods,  a  second  parcel  shall  be  hoisted  up, 
and  treated  in  like  manner  for  the  space  of  three  days,  and  on  the  sub- 
seqvient  day  shall  in  like  manner  be  put  into  such  condition,  and  shall 
be  so  delivered  as  aforesaid  ;  after  which  a  third  parcel  shall  be  hoisted 
up  and  treated  in  the  same  manner,  also  for  the  space  of  three  days, 
and  on  the  subsequent  day  shall  iu  like  manner  be  put  into  such  con- 
dition, and  shall  be  so  delivered;  but  incase  of  any  suspicious  circum- 
stances arising,  the  probationary  airing  shall  be  extended  to  eight, 
six,  and  four  days,  making,  with  the  three  intermediate  days,  twenty- 
one  days  in  the  whole,  or  even  to  a  greater  length  of  tune,  if  circum- 
stances shall  require. 

XXXI.  Of  the  goods,  wares,  and  merchandises,  which  shall  arrive 
in  vessels  with  foul  bills  of  health,  the  articles  hereinafter  enumerated 
shall  be  carried  to  a  floating  lazaret  in  Standgate  Creek,  or  at  Milford 
Haven,  there  to  be  unpacked,  opened,  and  aired,  for  the  space  of  forty 
days,  viz. : — 


Apparel  of  all  kinds 

Artificial  flowers 

Bast,  or  any  article  made  thereof 

Beads,  bracelets,  or  necklaces  in 

strings 
Beds 
Bedticks 
Books 

Brooms  of  all  sorts 
Brushes  of  all  sorts 
Burdetts 
Camblets 
Canvas 
Carmenia  wool 


Carpets 

Cordage  not  tarred 

Cotton  wool 

Cotton  yarn 

Cotton  thread 

All  articles  wholly  made  or  mixed 

with  cotton,  sUk,  wool,  thread,  or 

yarn 
Down 
Feathers 
Flax 

Furrier's  waste 
Goats'  hair 
Grogram 


374 


APPENDIX. SECTION   I. 


Gold  or  silver  on  thread,  cotton, 
hair,  wool,  or  silk,  or  any  other 
substance  hereinbefore  enume- 
rated 

Hats,  caps,  or  bonnets,  of  straw, 
chip,  cane,  or  any  other  material 

Hemp 

Hoofs 

Horn  and  horn  tips 

Hair  of  all  sorts 

Leather 

Linen 

Lutestrings,  bathings,  or  harp- 
strings 

Maps 

Mattrasses 

Mats  and  matting 

Mohair  yarn 

Nets,  new  or  old 

Paper 

Packthread 

Parchment 

Pelts 

Plaiting  of  bast,  chip,  cane,  straw, 
or  hoi'sehair 


Quills 

Rags 

Sails  and  sailcloth 

Silks,  viz.: 

Crapes  and  tifiPanies 

Husks  and  knubs 

Raw  silk 

Thrown  and  organzine  silk 

"Waste  silk 

Wrought  silk 
Skins,  hides,  and  furs,  and  parts  or 

pieces  of  skins,    hides,    and   furs, 

whether  undressed,  or  in  part  or 

wholly  tanned,  tawed,  or  dressed 
Sponges 
Straw,  or  any  article  made  or  mixed 

with  straw 
Stockings  of  all  sorts 
Thread 
Tow 
Vellum 
Whisks 
Wool,    whether     raw     or     anywise 

wrought 
Yarn  of  all  sorts 


And  all  otlier  goods  whatever,  if  they  shall  have  arrived  in  or  with 
packages  consisting  wholly  or  in  part  of  any  of  the  articles  above  enu- 
merated in  this  class,  unless  such  goods  shall  be  removed  from  such 
packages  as  hereinafter  mentioned. 

XXXn.  The  expurgation  of  the  goods,  wares,  and  merchandises 
envimerated  as  before  mentioned,  after  they  have  been  removed  to  the 
floating  lazaret,  shall  proceed  in  the  following  manner:  (that  is  to  say,) 
All  bales  of  cotton  shall  be  opened  from  one  end  to  the  other,  and  so 
much  taken  out  as  to  leave  room  for  handling  daily  the  interior  of  the 
bale.     The  following  articles,  viz. : 


Rags 

Raw  wool 
Goats'  wool 


Carmenia  wool,  and 
Hair 


shall  be  taken  out  of  the  bags  and  bales,  and  shall  be  ranged  in  low 
heaps,  not  above  four  feet  high,  and  successively  handled  and  rum- 
maged. 

All  bales  of  raw  silk,  silk  stracee  (or  refuse)  and  silk  thrown,  shall 
be  opened  on  one  side  from  end  to  end,  the  cords  loosened,  and  way 
made,  by  removing  a  number  of  skins,  for  the  porters  to  handle  the 
interior  of  the  bales ;  and  at  the  expiration  of  twenty  days,  that  side 
of  the  bale  which  has  been  opened  being  resewed,  the  other  side 
shall  be  ripped  open,  and  the  contents  handled  and  aired  in  the  like 
manner,  till  the  thirty-fifth  day,  when  the  bales  shall  be  put  in  order 
for  delivery. 


APPENDIX. — SECTION    I.  375 

All  packages  of  cotton,  of  yarn,  of  thread,  of  silk  stuffs,  of  cotton 
stuffs,  or  burdetts,  of  camblets,  and  of  linen,  shall  be  opened,  and  the 
piece  goods  piled  in  rows,  lattice  fashion,  or  in  pyramids,  turned  every 
four  days,  and  completely  spread  out  and  suspended  on  cords  for 
several  days. 

Cases  of  papers,  books,  parchment,  cases  of  sponges,  and  silk  and 

thread  stockings,  shall  be  entirely  unpacked,  and  the  smaller  parcels 

separated  from  each  other,  and  so  disposed  as  to  admit  of  thorough 

airing. 

Feathers  I  Coral  beads  in  string 

Straw  hats  Brushes 

Artificial  flowers  I 

shall  be  spread  out  m  the  same  manner. 

Carpets  |  Furs  |  Hides  and  skins 

shall  be  unbaled,  and  each  piece  shall  be  spread  and  suspended  on 

cords,  sometimes  in  the  open  air,  and  frequently  turned. 

All  goods  packed  in  or  with  straw,  cotton,  or  any  other  enumerated 
article,  or  considered  as  susceptible,  shall  be  entirely  taken  out  of  or 
separated  from  the  same,  and  carefully  aired. 

All  goods  enumerated  above,  concerning  the  expurgation  of  which 
no  particular  directions  have  been  hereinbefore  given,  shall  be  un- 
packed, opened,  aired,  and  handled  in  like  manner,  so  far  as  may 
be,  as  is  hereinbefore  directed  with  regard  to  goods  of  a  similar 
description. 

XXXIII.  After  the  delivery  of  all  the  goods,  wares,  and  merchan- 
dises enumerated  as  before  mentioned,  into  a  floating  lazaret,  the 
vessels,  with  the  rest  of  the  cargo,  shall  then  commence  and  perform 
quarantine  of  thirty  days,  during  which,  the  packages  of  the  goods, 
wares,  or  merchandises  not  enumerated,  remaining  on  board  such  ship 
or  vessel,  shall  be  frequently  swept  and  shifted,  and  moved  from  time 
to  time  as  much  as  possible,  according  to  the  nature  thereof,  so  as  to 
admit  of  free  ventilation ;  and  at  the  expiration  of  the  said  thirty 
days,  if  all  persons  on  board  continue  free  from  every  appearance  of 
infection,  the  vessel,  and  such  part  of  the  crew,  passengers,  and  cargo 
as  shall  have  remained  on  board,  shall  be  finally  fumigated  and 
discharged. 

XXXIV.  If  all  the  persons  on  board  remain  in  health,  dried  fruits 
having  been  shifted  from  baskets  or  other  packages  made  of  articles 
enumerated,  or  considered  as  susceptible,  when  such  dried  fruits  shall 
have  been  imported  in  such  packages,  may  be  delivered  in  twenty 
days  ;  dried  fruits  in  packages  of  wood  in  ten  days  ;  barrels  of  oil,  the 
bungs  being  first  tarred,  and  the  barrels  brushed,  and  then  thoroughly 
washed  in  sea-water,  in  ten  days  ;  grain,  pitlse,  and  other  seed  in  bulk. 


376  APPENDIX. — SECTION   I. 

on  the  eleventh  day,  after  having  been  passed  through  an  iron  grating, 
in  order  to  detect  any  susceptible  matter  that  may  be  mixed  there- 
with ;  grain,  pulse,  and  other  seeds,  in  sacks,  or  in  casks,  or  baskets 
of  rush  mat,  being  shifted  into  fresh  sacks  or  packages  in  like  manner, 
on  the  eleventh  day,  being  likewise  passed  through  an  iron  grating; 
but  in  all  cases  where  any  goods,  wares,  or  merchandises  shall 
have  been  shifted  from  such  susceptible  packages  as  aforesaid  into 
fresh  packages,  the  said  susceptible  packages  shall  be  sent  to  the 
lazaret  to  perform  quarantine,  according  to  the  nature  thereof,  or  shall 
be  destroyed,  or  shall  be  dipped  in  the  sea,  and  then  remain  on  board 
the  importing  vessel  till  the  expiration  of  the  quarantine,  at  the  option 
of  the  importer. 

XXXV.  The  quarantine  of  all  goods,  wares,  and  merchandises  (as 
well  such  as  are  directed  to  be  left  in,  as  such  as  are  to  be  removed 
from  the  vessel),  in  cases  where  the  cargo  shall  consist  partly  of  enu- 
merated articles,  and  partly  of  non-enumerated  articles,  shall  com- 
mence and  be  computed  from  the  day  on  which  the  whole  of  the 
enumerated  articles  shall  have  been  removed  from  the  vessel  importing 
the  same,  to  be  opened  and  aired  in  the  manner  before  directed  (except 
as  hereinbefore  particularly  excepted). 

XXXVI.  The  quarantine  of  thirty  days  to  be  performed  by  all 
vessels  arriving  without  clean  bills  of  health  ;  but  with  cargoes  only 
consisting  of  articles  considered  as  not  susceptible  of  infection,  and 
not  enumerated,  shall  commence  and  be  computed  from  the  day  on 
which  the  quarantine  guardians  shall  be  put  on  board. 

XXXVII.  All  vessels,  and  all  persons,  goods,  wares,  and  mer- 
chandises on  board  thereof,  arriving  with  suspected  bills  of  health 
(commonly  called  touched  patients  or  bills)  shall  respectively  perform 
quarantine,  and  be  treated  in  the  same  manner  as  above  directed,  con- 
cerning vessels  arriving  without  foul  bills  of  health ;  and  persons, 
goods,  wares,  and  merchandises,  arriving  in  such  vessels,  except  only 
that  such  vessels,  persons,  goods,  wares,  and  merchandises,  so 
arriving  with  suspected  bills  of  health,  shall  respectively  be  subjected 
to  ten  days'  less  quarantine. 

XXXVIII.  With  respect  to  all  vessels  whatsoever  having  on  board 
any  of  the  articles  enumerated  as  before  stated,  and  intending  to  im- 
port the  same  into  any  port  or  place  in  the  United  Kingdom,  or  the 
islands  of  Guernsey,  Jersey,  Alderney,  Sark,  or  Man,  from  any  port  or 
place  in  Europe  without  the  Straits,  or  on  the  continent  of  America, 
at  which  there  is  not  a  regular  establishment  for  the  performance  of 
quarantine,  declared  sufficient  by  His  Majesty  in  Council,  as  aforesaid, 
the  master  or  other  person  having  charge  of  every  such  vessel  is 
hereby  required  to  bring  with  him  a  declaration  made  by  the  owner. 


APPENDIX. SECTION    I.  377 

proprietor,  shipper,  or  consignee  of   such  vessel,  or  of  the  goods, 
wares,  and  merchandises  enumerated  as  aforesaid  on  board  the  same 
respectively,  upon  oath  before  some  magistrate  of  the  port  or  place 
from   whence    such  master    or   other   person   having   the  charge  or 
command  of  such  vessel  shall  have  brought  the  said  goods,  wares, 
and  merchandises,   and  attested  by  such  magistrate,  and  also  by  the 
British  Consul  or  Vice-Consul,  or  in  case  there  shall  be  no  British 
Consul  or  Vice-Consul  there,  then  by  two  known  British  merchants  ;  in 
which  declaration  it  shall  he  stated,  either  negatively,   that  the  said 
enumerated  goods,  wares,  and  merchandises,   are  not  of  the  growth, 
produce,  or  manufacture  of  Turkey,  or  of  any  place  in  Africa  within 
the  Straits  of  Gibraltar,    or   in   the    West  Barbary  on   the   Atlantic 
Ocean  ;  or  affirmatively,  of  what  place  they  are  the  growth,  produce, 
or  manufacture  ;  and  if  they  are  of  the  growth,  produce,   or  manu- 
facture of  any  of  the  countries  last  mentioned,  then  it  shall  be  stated 
in  such  declaration  whether  the  said  vessel  is  or  is  not  the  same 
in  which  the  enumerated  goods,  wares,   and  merchandises  so  imported 
were  brought  from  Turkey,  or  from  any  of  the  countries  last  men- 
tioned ;  and  in  case  tj^e  vessel  is  the  same,  the  master  or  other  person 
having  the  charge  or  command  of  such  vessel  is  hereby  required  to 
bring  with  him  the  bill  or  bills  of  health  granted  at  the  port  where 
any  such  goods  were  originally  taken  on  board,   or  copies   thereof 
attested  by  a  notary  public ;  and  if  the  vessel  having  on  board  siich 
goods,  wares,  and  merchandises  shall   be  other  than  that  in  which 
[they  were  imported   into  any  port  or  place  in  Europe   without  the 
ptraits,  or   on  the   continent   of  America,  at    which  there   is   not   a 
regular   establishment   for   the  performance  of   quarantine,  declared 
sufficient  by  His  Majesty  in  Council  as  aforesaid,  the  master  or  other 
person   having  the   charge   of  such    vessel   is    hereby    required   to 
^ring  with  him  a  declaration,  made  and  attested  in  like  manner  as  the 
leclaration  before  mentioned,  in  which  it  shall  be  stated  whether  the 
i;nd  enumerated  goods,   wares,  and  merchandises  were  imported  into 
he  ports  of  the    countries   last   mentioned    in     a    vessel    with    or 
vithout  a  clean  bill  of  health;    and  such  master  or  other   person 
laving   the  charge  of  any  such  vessel,   if  the  same  shall  be  bound 
o  the  port  of   London,  or  to  the  river  Thames   or  Medway,    shall 
orthwith  produce  such  declaration  or  declarations   (as  the  case  may 
)e)    to  the  superintendent  of  quarantine  or  his  assistant   at  Stand- 
;ate  Creek   or  Milford  Haven,  or  if  the  same   shall  be  bound  to  any 
■f  the  out-ports  or  islands  aforesaid,  to  the  sviperintendent  of  quaran- 
ine  or  his  assistant,  or  to  the  principal  or  other  officer  of  the  Customs 
utliorised  to  act  in  that   behalf,  at  such  out-port  or  place  ;  and  if 
shall   appear    that    none    of   the   said    enumerated   goods,  wares, 

3  c 


378  APPENDIX. — SECTION   I. 

or  merchandises  on  board  such  vessel  are  of  the  c:ro^vth,  produce, 
or  manufacture  of  Turkey,  or  of  any  phice  in  Africa  uithin  the 
Straits  of  Gibraltar,  or  in  the  West  Barbary  on  the  Atlantic  Ocean, 
such  vessel  importing  the  same  shall  not  be  obliged  to  perform  qua- 
rantine, but  shall,  on  production  of  such  declaration  to  the  superin- 
tendent or  his  assistant,  or  to  the  principal  or  other  officer  of  the 
Customs  as  aforesaid,  be  admitted  to  an  entry  in  the  usual  and 
legal  manner  ;  but  if  it  shall  ap])ear  that  such  enumerated  goods, 
wares,  or  merchandises,  or  any  part  thereof,  arc  of  the  growth,  pro- 
duce, or  manufacture  of  any  of  the  countries  last  mentioned,  or  if  no 
such  declaration  shall  be  produced  by  the  master  or  other  person 
having  the  charge  of  such  vessel  as  aforesaid,  then  the  superintendent 
of  quarantine  or  his  assistant,  or  the  principal  or  other  officer  of  the 
Customs  authorised  to  act  in  that  behalf  as  aforesaid,  at  the  port  or 
place  at  which  such  vessel  shall  arrive,  as  the  case  may  be,  shall  take 
care  that  every  such  vessel,  as  well  as  the  officers,  crew,  pas- 
sengers, and  the  entire  cargo  on  board  the  same,  shall  perform 
quarantine,  according  to  the  nature  of  the  case,  at  such  and  the  same 
places  as  are  hereinbefore  appointed  for  the  performance  of  quaran- 
tine for  the  same  time,  and  in  the  same  manner  as  vessels,  their 
officers  and  crews,  passengers  and  cargoes,  coming  from  the  Medi- 
terranean, or  from  the  West  liarbary  on  the  Atlantic  Ocean,  with 
clean  bills  of  health,  are  hereinbefore  respectively  required  to  perform 
quarantine  :  Provided  always,  that  if  the  master  or  other  person 
having  charge  of  any  vessel  coming  from  any  port  or  place  what- 
ever at  which  there  is  no  regular  establishment  of  quarantine 
declared  sufficient  by  His  Majesty  in  Council,  shall  bring  with  him  a 
declaration  on  oath,  made  by  the  owner,  proprietor,  shipper,  or  con- 
signee of  such  vessel,  or  for  the  goods,  wares,  and  merchandises  on 
board  thereof  respectively,  before  the  British  Consul  or  Vice-Consul 
residing  at  or  near  such  port  or  place,  to  the  same  purport  and  effect 
as  aforesaid,  that  then,  and  in  such  case,  the  declaration  so  made  as 
last  aforesaid  shall  have  the  like  force  and  effect,  to  all  intents  and 
purposes  whatever,  as  if  attested  and  sworn  before  a  magistrate  in 
manner  aforesaid. 

XXXIX.  All  vessels  arriving  in  the  ports  of  the  United  Kingdi)m, 
or  the  islands  of  Guernsey,  Jersey,  Alderney,  Sark,  or  Man,  havini^ 
come  from  the  Mediterranean  or  from  the  West  Barbary  on  thi- 
Atlantic  Ocean,  which,  with  their  officers,  crews,  passengers,  and 
cargoes,  shall  have  previously  performed  quarantine  in  the  lazaret  of 
Malta,  Ancona,  Venice,  Messina,  Leghorn,  Genoa,  Trieste,  or  Mar- 
seilles, shall  upon  their  arrival  be  put  under  quarantine  in  some  of  the 
ports  or  places  hereinbefore  appointed,  for  the  performance  of  quar.i  n- 


APPENDIX. SECTION    I.  379 

tine,  until  the  commander,  master,  or  other  person  having  the 
charge  of  such  vessel  shall  have  produced  to  the  superintendent  of 
quarantine  or  his  assistant,  or  to  the  principal  or  other  officer  of  the 
Customs  authorised  to  act  in  that  behalf,  the  proper  documents  to  prove 
that  such  vessel,  and  the  officers,  crcAv,  passengers,  and  cargo  on  board 
the  same,  have  duly  performed  quarantine  in  one  of  the  lazarets  last- 
mentioned  ;  and  upon  so  producing  sttch  documents  the  said  vessel 
shall  not  be  obliged  to  perform  quarantine,  but  shall,  together  with  the 
goods,  wares,  and  merchandises  on  board  thereof,  remain  at  such 
quarantine  station  until  duly  released  by  Order  in  Council. 

XL.  All  masters  or  other  persons  having  the  charge  of  any  vessels 
clearing  outwards  from  any  port  or  place  in  the  United  Kingdom  or 
the  islands  aforesaid  for  any  port  or  place  in  the  Mediterranean,  or  in 
the  West  Barbary  on  the  Atlantic  Ocean,  or  for  any  port  or  place 
respecting  which  there  shall  at  the  time  of  such  clearing  out  be  any 
Order  of  His  Majesty  in  Council  in  force,  subjecting  vessels  coming 
from  thence  to  quarantine,  shall  receive  from  the  principal  officers 
of  the  Customs  at  such  port  or  place  a  printed  paper  containing  an 
abstract  of  such  quarantine  regulations  as  shall  be  thought  necessary 
to  be  most  generally  notified  and  observed  by  such  masters,  their 
officers,  crews,  and  passengers  on  board ;  and  every  such  master,  or 
other  person  having  charge  of  any  such  vessel,  shall  cause  the  said 
printed  paper  to  be  affixed  on  some  convenient  and  conspicuous  part  of 
his  said  vessel,  and  there  to  remain  so  affixed  until  the  return  of  his 
said  vessel  to  some  port  or  place  in  the  United  Kingdom  or  the  islands 
aforesaid,  provided  the  said  vessel  shall  return  to  the  United  Kingdom 
or  the  islands  aforesaid  within  twelve  months. 

XLI.  Every  commander,  master,  or  other  person  having  the  charge 
or  command  of  any  vessel  about  to  sail  from  any  port  or  place  in 
the  United  Kingdom,  or  the  islands  aforesaid,  for  any  port  or  place 
in  the  Mediterranean,  or  in  the  West  Barbary  on  the  Atlantic 
Ocean,  or  for  any  port  or  place  respecting  which  there  shall,  at  the 
time  of  such  clearing  out,  be  any  Order  of  His  Majesty  in  Council  in 
force  subjecting  vessels  coming  from  thence  to  quarantine,  shall, 
before  his  departure,  provide  and  take  on  board  one  or  more  of 
the  quarantine  signal  flags  and  lanterns  directed  by  the  hereinbefore 
recited  Act  of  Parliament,  and  likewise  a  proper  quantity  of  materials 
and  instruments  for  fumigation  and  immersion,  and  shall  keep  the 
same  on  board,  to  be  used  in  the  manner  hereinbefore  directed  upon 
the  return  of  such  vessel  to  any  port  or  place  in  the  United  Kingdom. 

XLII.  The  commanders  of  any  of  His  Majesty's  ships  of  war,  who 
shall  meet  any  vessel  liable  to  perform  quarantine,  coming  to  any  of 
the  ports  of  the  United  Kingdom,  or  of  the  islands  of  Guernsey, 
Jersey,  Alderney,  Sark,  or  Man,  shall  take  due  care  to  prevent  the 


380  APPENDIX. — SECTION  I. 

landing  of  any  goods,  wares,  merchandises,  or  persons  from  on  board 
the  same,  until  they  shall  be  put  under  the  direction  of  the  superin- 
tendent of  quarantine  or  his  assistant  at  Standgate  Creek  or  Mil- 
ford  Haven,  or  under  the  direction  of  the  superintendent  or  his 
assistant,  or  the  principal  or  other  officer  of  His  Majesty's  Customs 
authorised  to  act  in  that  behalf  as  aforesaid,  at  any  of  the  out-ports  or 
places  hereinbefore  mentioned. 

XLIII.  The  Commissioners  and  other  officers  of  His  Majesty's 
Customs  shall  use  their  utmost  diligence  and  care  that  all  regulations 
for  the  performance  of  quarantine,  before  directed,  be  duly  observed. 

XLIV.  The  commanders  of  His  Majesty's  ships  of  war,  as  likewise 
the  commanders  of  His  Majesty's  forts  and  garrisons  lying  near  the 
sea-coasts,  and  all  justices  of  the  peace,  mayors,  sheriffs,  bailiffs, 
chief  magistrates,  constables,  headboroughs,  tithingmen,  and  all  other 
officers  and  ministers  of  justice,  shall  be  aiding  and  assisting  to  the 
said  superintendents  of  quarantme  and  their  assistants,  and  to  the 
principal  and  other  officers  of  His  Majesty's  Customs,  and  to  all 
others  that  shall  be  concerned  in  stopping  such  vessels  as  afore- 
said, and  in  bringing  them  to  the  places  appointed  for  the  perform- 
ance of  quarantine,  as  well  as  in  enforcing  due  performance  thereof. 

XLV.  This  Order,  and  the  regulations  herein  contained,  shall  take 
effect  and  be  in  force  from  and  after  the  date  hereof. 

XLVI.  And  the  Lords  of  His  Majesty's  Treasury,  the  Commissioners 
for  executing  the  office  of  Lord  High  Admiral  of  Great  Britain,  the 
Lord  Warden  of  the  Cinque  Ports,  the  Master-General  and  the  rest  of 
the  principal  officers  of  the  Ordnance,  His  Majesty's  Secretary  at  War, 
and  the  governors  and  commanders  in  chief  for  the  time  being  of 
the  islands  of  Guernsey,  Jersey,  Alderney,  Sark,  and  Man,  are  to  give 
the  necessary  directions  herein  as  to  them  may  respectively  appertain. 

C.  C.  Greville. 
RECIPROCITY  is  a  mutual  return  of  privileges  between  countries, 
generally  entered  into  by  convention,  and  the  Consul  will  therefore 
refer  to  the  Treaties  at  Section  VIII.  It  becomes  his  most  imperative 
duty  to  ascertain  whether  privileges  granted  to  foreign  subjects  in  this 
country  are  extended  to  his  countrymen  in  the  state  he  has  been  sent 
to ;  as  he  would  then,  if  it  was  not  so,  have  to  report  such  circum- 
stances to  the  Foreign  Office.  It  is  impossible  to  point  out  what  the 
different  privileges  reciprocated  Avith  foreign  countries  are  ;  but  it  will 
be  as  well  to  add,  that  in  Great  Britain,  since  the  coasting  trade  has  been 
thrown  open,  all  foreign  vessels  enjoy  the  same  privileges  in  every 
respect  as  British  vessels  ;  and  it  will  be  therefore  the  duty  of  the  Con- 
sul to  do  all  in  his  power  (with  deference,  of  course,  to  his  instructions), 
to  obtain  like  immunities  for  British  vessels  in  the  country  he  is  in. 
RESPONDENTIA  is  distinguished  from  Bottomry,  being  a  loan 


APPENDIX. — SECTION   I.  381 

upon  the  the  cargo  of  the  vessel,  and  not  upon  the  ship  and  freight. 
In  the  case  of  Respondentia,  the  person  of  the  borrower,  as  well  as 
the  security  of  the  goods,  are  responsible  for  the  refundment  of  the 
debt;  and  although  the  goods  be  lost,  still  he  is  partly  responsible  for 
the  debt.  It  is  a  species  of  loan  that  ought  not,  justly  speaking,  ever 
to  betaken;  and  therefore  we  shall  not  dwell  upon  the  subject  any 
further. — J'tde  Bottomry. 

SLAVE  TRADE.— FzWe  Treaties. 

WARRANTIES. — "  A  warranty,"  says  Steel,*  "  in  a  policy  of  insur- 
ance, is  a  condition  or  contingency ;  and  unless  that  be  performed 
there  is  not  any  contract.  It  is  perfectly  immaterial  for  what  pur- 
pose it  Avas  introduced,  but  being  inserted  the  liability  does  not  exist 
unless  it  be  literally  complied  with."  A  warranty,  therefore,  is  an 
express  condition  introduced  into  a  policy  of  insurance,  without  ful- 
filment of  which  the  policy  becomes  vitiated  or  annulled.  There  exist 
two  kinds  of  warranties,  viz.,  expressed  and  implied.  Express  war- 
ranties are  matter  introduced  jexpressly  into  a  policy,  and  conse- 
quently any  condition  may  be  introduced,  for  that  purpose,  into  the 
policy  of  insurance.     The  most  general  usually  consist  of — 

1.  The  safety  of  the  vessel  on  a  certain  day. 

This,  of  course,  means  that  you  warrant  the  vessel  you  insure  is 
or  was  safe  on  such  and  such  a  day,  in  this  or  that  port. 

2.  The  sailing  or  departure  of  a  vessel  from  a  certain  port  on  a 
particular  day. 

This  means,  that  you  make  one  of  the  conditions  of  your  policy  that 
the  vessel  shall  leave,  that  is,  sail  from  a  certain  port  on  a  particular 
day.  If  the  vessel  does  not  sail,  even  in  consequence  of  the  weather 
not  permitting  her  to  do  so,  the  policy  becomes  vitiated ;  but,  at 
the  same  time,  if  she  leaves  the  port  she  is  warranted  to  sail  from, 
and  is  driven  back  again  to  other  ports  or  anchor  in  the  same  river, 
the  policy  remains  in  full  force,  as  she  has  then  sailed  within  the 
meaning  of  the  law  :  but,  at  the  same  time,  it  must  be  perfectly 
understood  that  she  has  bond  fide  sailed,  that  is,  taken  all  her  cargo, 
made  her  clearance,  etc.,  as  the  transaction  of  any  business  whatever 
relating  to  her  sailing,  after  she  had  finally  left  the  port,  or  when  she 
was  either  driven  back  by  stress  of  weather,  or  remained  in  the  river 
for  reasons  not  connected  with  her  sailing  from  the  port,  the  policy 
would  again  become  vitiated. 

3.  Sailing  with  convoy,  that  is,  sailing  in  company  with  Her  Ma- 
jesty's ships  for  protection,  t 

There  are  many  other  express  warranties,  such  as,  that  the  property 
is  neutral  and  cannot  be  seized  in  port  of  discharge.     These  are  war- 
ranties which  will  be  perfectly  imderstood  by  their  appellations,  and 
*  Steel's  "Shipmaster's  Assistant,"  p.  130.  t  Abbot,  p.  291. 


382 


APPENDIX.  — SECTION   I, 


for  the  arguments  which  might  be  adduced  against  them,  they  be- 
come such  minute  points  of  law  that  space  will  not  permit  me  to 
refer  to  them. 

The  implied  warranties  consist  of  the  seaworthiness,  that  is, 
that  the  vessel  was  seaworthy  at  the  time  of  the  insurance ;  and, 
as  Lord  Mansfield  says,  she  must  be  tight,  staunch,  and  strong  at  the 
time  of  her  sailing.  The  next  is,  that  she  shall  not  deviate  from  her 
voyage;  that  is,  that  she  shall  not  deviate,  without  absolute  necessity, 
from  the  voyage  prescribed  in  the  policy  of  insurance.  The  deviation 
in  a  case  of  absolute  necessity  must  be,  of  course,  explained  to  the 
satisfaction  of  the  parties  concerned,  or  else  the  policy  becomes  laid 
aside.  The  last,  for  which  a  very  good  explanation  is  afforded  in 
Steel,  pages  132  and  134,  is.  That  the  insured  will  use  reasonable 
diligence  to  guard  against  the  risks  covered  by  the  policy  ;  that  is, 
that  the  insured  shall  take  care  that  she  is  documented  according  to 
her  national  character,  as  the  underwriters  will  not  be  liable  if  a  loss 
happen  from  the  default  of  the  insured,  in  being  unprovided  with  those 
documents  which  are  required  by  the  general  law  of  nations,  or  by 
particular  treaties  ;  so,  also,  if  the  documents  are  illegal. 

WRECK. — It  is  the  duty  of  the  Consul,  immediately  on  being  made 
acquainted  that  a  vessel  is  wrecked,  to  proceed,  if  possible,  himself  to 
the  spot,  and  do  all  in  his  power  to  see  that  everything  is  reco- 
vered for  the  benefit  of  whom  it  may  concern,  and  he  will  take  posses- 
sion (in  the  absence  of  the  ownei",  or  his  agent)  of  the  proceeds.  It 
is  his  duty  also  to  see  that  shipwrecked  seamen  are  provided  for,  and 
that  they  are  forwarded  home ;  for  their  passage  he  may  call  upon 
any  English  vessel  to  provide,  the  expenses  of  which  will  be  refunded 
on  transmission  of  the  proper  accounts  with  vouchers. 

The  following  are  the  treaties  relating  to  special  privileges  in  cases 
of  shipwreck.  Great  Britain  has  ratified : 


1661. 

With  Denmark. 

1797. 

With  Russia. 

1662. 

Tunis. 

1803. 

>> 

Morocco. 

1669. 

Denmark. 

1806. 

>j 

United  States. 

1675. 

Tripoli. 

1810. 

» 

Portugal. 

1682. 

Denmark. 

1825. 

» 

Columbia. 

1686. 

Spain. 

1827. 

J) 

Brazil. 

1713. 

France. 

1828. 

„ 

i> 

1716. 

Tunis  and  Tripoli. 

•1837. 

>) 

Greece   and    Ne 

1721. 

Morocco. 

lands. 

1734. 

Russia. 

1840. 

)j 

Texas. 

1751. 

Spain. 

1841. 

)) 

Sardinia. 

1760. 

)> 

1842. 

M 

Portugal. 

1766. 

Russia. 

1843. 

)) 

Russia. 

1791. 

Morocco. 

1845. 

» 

the  Two  Sicilies. 

APPENDIX. 


383 


SECTION     THE     SECOND. 


12  &  13  Vict.  Cap.  68. 

An  Act  for  facilitating  the  Marriage  of  British  Subjects  resident 
in  Foreign  Countries.  ^ 

[28th  July,  1849.] 
Whereas  an  Act  was  passed  in  tlie  fovirtli  year  of  the  reign 
of  His  late  Majesty  King  George  the  Fourth,  intituled  An4G.  4,  c.  91, 
Act  to  relieve  His  Majesty's  subjects  from  all  doubt  concern- 
ing the  validity  of  certain  Marriages  solemnized  abroad  : 
And  whereas  the  provisions  of  the  said  Act  are  applicable 
only  to  the  cases  of  marriages  solemnized  by  a  minister  of 
the  Church  of  England  in  the  chapel  or  house  of  any  British 
ambassador  or  minister  residing  within  the  country  to  the 
court  of  which  he  is  accredited,  or  in  the  chapel  belonging  to 
any  British  factory  abroad,  or  in  the  house  of  any  British 
subject  residing  at  such  factory,  and  of  marriages  solemnized 
within  the  British  lines  by  any  chaplain  or  officer,  or  other 
person  officiating  under  the  oi'ders  of  the  commanding  officer 
of  a  British  army  serving  abroad  :  And  whereas  large  num- 
bers of  Her  Majesty's  subjects  are  resident  abroad  at  places 
where  the  provisions  of  the  said  Act  are  not  applicable  :  And 
whereas  it  is   expedient  to   afford  greater  facilities  for  the 
marriage  of  Her  Majesty's  subjects  resident  abroad  :  Be  it 
therefore  enacted  by  the  Queen's  most  Excellent  Majesty,  by 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and 
Temporal,   and   Commons,   in   this   present   Parliament   as- 
sembled, and  by  the  authority  of  the  same,  That  all  mar-  Marriages 
riages  (both  or  one  of  the  parties  thereto  being  subjects  or  a  abroad  i.^ 
subject  of  this  realm)  which  from  and  after  the  passing  of™j]^'j"  p™^ 
this  Act  shall  be  solemnized  in   the   manner  in  this  Act  Act  to  be 
provided  in  any  foreign  country  or  place  where  there  shall 
be  a  British  Consul  duly  authorized  to  act  in  such  foreign 
country  or  place  under  this  Act,  shall  be  deemed  and  held  to 
be  as  valid  in  the  law  as  if  the  same  had  been  solemnized 
within  Her  Majesty's  dominions  with  a  due  observance  of 
all  forms  required  by  law. 

2.  And  be  it  enacted,  That  in  every  case  of  marriage  in-  Notice  of 
tended  to  be  solemnized  under  the  provisions  of  this  Act  one  tended'mar- 
of  the  parties  shall  give  notice  under  his  or  her  hand,  in  the  "^s*^  ^"  ^® 


384  APPENDIX. — SECTION   II. 

given  to        form  of  the  schedule  (A.)  to  this  Act  annexed,  or  to  the  like 

Consul.         effect,  to  the  Constil  within  whose  district  both  the  parties 

shall  have  dwelt,  not  less  than  one  calendar  month  then  next 

preceding,  and   shall    state  therein  the  name  and  surname 

and  the  profession  or  condition  of  each  of  the  said  parties 

intending  marriage,  the  dwelling  place  of  each  of  them,  and 

that  each  of  them  has  dwelt  within  such  district  during  such 

one  calendar  month  at  the  least. 

Consul  to  3.  And  be  it  enacted,  That  the  Consul  shall  file  all  such 

reaister'^''''    ^otices,  and  keep  them  with  the  archives  of  his  Consulate, 

them  in  a      ^nd  shall  also  forthwith  enter  a  true  and  exact  copy  of  every 
book,  and  .  .  , 

suspend  eo-  such  notice  fairly  into  a  register  to  be  by  him  kept  for  that 

office'otthe  purpose,  and  shall  likewise  suspend  a  like  true  and  exact 
Consulate,     copy  of  every  such  notice  in  some  conspicuous  place  in  the 
office  of  his  Consulate  during  seven  successive  days  if  the 
marriage  is  to  be  solemnized  by  licence,  or  twenty-one  suc- 
cessive days  if  the  marriage  is  to  be  solemnized  without 
licence,  before  any  marriage  shall  be  solemnized  in  pursuance 
of  such  notice ;  and  the  said  register  and  suspended  copies 
shall  be  open  at  all  reasonable  times,  without  fee,  to  the 
inspection  of  persons  desirous  of  inspecting  the  same  ;  and 
upon  the  receipt  of  every  such  notice,  and  before  registering 
and  suspending  the  same,  the  Consul  shall  be   entitled  to 
have  a  fee  of  ten  shillings. 
Persons  duly      4.  And  be  it  enacted.  That  any  person  authorised  in  that 
niay  forbid    behalf  as  hereinafter  mentioned  may,  at  any  time  before  the 

the  solemni-  solemnization    of  any  such   intended   marriage,  forbid   the 

Eationofany  .        .  n  ■,      ■  i    i  ■  i 

marriage,      solemnization  oi    such   intended   marriage,   by  writing   the 

word  "  forbidden  "  opposite  to  the  entrj^  of  the  notice   of 
such  intended  marriage  in  the  register,  and  by  subscribing 
thereto  his  or  her  name  and  place  of  abode,  and  his  or  her 
character  in  relation  to  either  of  the  parties  by  reason  of 
which  he  or  she  is  so  authorised ;  and  in  case  the  solemni- 
zation of  any  such  intended  marriage  shall  be  so  forbidden 
the  notice  shall  be  void,  and  such  intended  marriage  shall 
not  be  solemnized  under  such  notice. 
Like  consent      5.  And  be   it   enacted.    That   the   like   consent   shall   be 
to  any  mar-  required  to  any  marriage  by  licence  under  the  provisions  of 
licence  as  is  this  Act  as  is  HOW  required  by  law  to  marriages  solemnized 
England.'      in  England  by  licence  ;  and  every  person  whose  consent  to  a 
marriage  by  licence  is  required  by  law  is  hereby  authorised 
to  forbid  a  marriage  under  the  provisions  of  this  Act,  whether 
such  marriage  is  intended  to  be  by  licence  or  without  licence. 


APPENDIX. — SECTION    II.  385 

C.  And  be  it  enacted,  That  before  any  marriage  by  licence  Consul 
shall  be  solemnized  under  this  Act  both  the  parties  intending  ucdnces'for 
marriage  shall  appear  before  the  Consul,  and  each  of  them™*"'^se. 
shall  make  oath,  or  shall  make  his  or  her  solemn  affirmation 
or  declaration  instead  of  an  oath,  that  he  or  she  believeth 
that  there  is  not  any  impediment  of  kindred  or  alliance,  or 
other  laAvful  hindrance,  to  the  said  marriage,  and  that  both 
of  the  said  parties  have  for  the  space  of  one  calendar  month 
immediately  preceding  respectively  had  their  usual  places  of 
abode  within  the  district  of  such  Consul,  and  where  either  of 
the  parties,  not  being  a  widower  or  widow,  shall  be  under 
the  age  of  twenty-one  years,  that  the  consent  of  the  person 
or  persons  whose  consent  to  such  marriage  is  required  by 
law  has  been  obtained  thereto,  or  that  there  is  no  person 
having  authority  to  give  such  consent,  as  the  case  may  be  ; 
and  when  and  as  soon  as  such  oath,  affirmation,  or  declara- 
tion shall  have  been  made,  the  Consul  shall,  on  payment  of  a 
fee  of  twenty  shillings,  certify  under  his  hand  on  the  original 
notice  and  also  in  the  register^  that  licence  has  been  granted 
for  the  solemnization  of  the  marriage  in  respect  of  which 
such  notice  was  given  ;  and  such  certificate  shall  be  deemed 
and  taken  to  be  a  licence  for  such  marriage. 

7.  And  be  it  enacted,  That  any  person,  on  payment  of  a  Caveat 
fee  of  twenty  shillings  to  the  Consul,  may  enter  a  caveat  rfagTs^liI^y'^" 
with  the  Consul  against  the  solemnization  of  the  marriage  of^^-i^'i?®'^  , 

'^  o  with  Consul, 

any  person  named  therein,  such  caveat  being  signed  by  or  on 

behalf  of  the  person  who  enters  the  same,  and  stating  his  or 
her  place  of  residence,  and  the  ground  of  objection  on  which 
his  or  her  caveat  is  founded  ;  and  if  any  caveat  be  entered  as 
aforesaid  no  marriage  of  the  person  named  therein  shall  be 
solemnized  until  the  Consul  shall  have  examined  into  the 
matter  of  the  caveat,  and  shall  be  satisfied  that  it  ought  not 
to  obstruct  the  solemnization  of  the  said  marriage,  or  until 
the  caveat  shall  be  ^A-ithdrawn  by  the  party  who  entered  the 
same  ;  and  in  cases  of  doubt  it  shall  be  lawful  for  the  Consul 
to  transmit  to  one  of  Her  Majesty's  Principal  Secretaries  of 
State  a  copy  of  such  caveat,  with  such  statement  in  relation 
thei'eto  as  such  Consul  may  think  fit,  and  such  Secretary  of 
State  shall  refer  the  same  to  the  Registrar-General  of  births, 
deaths,  and  marriages  in  England,  for  his  decision  ;  and  the 
said  Registrar-General,  having  decided  thereon,  shall  trans- 
mit his  decision  in  writing  to  the  said  Secretary  of  State, 
who  shall  communicate  the  same  to  the  said  Consul :  Pro- 

3   D 


386  APPENDIX. — SECTION   II. 

vided  always,  that  in  case  the  Consul  refuse  to  solemnize  or 
to  allow  to  be  solemnized  in  his  presence  the  marriage  of 
any  person  requiring  such  marriage  to  be  solemnized,  such 
person  shall  have  a  right  of  appeal  to  one  of  Her  Majesty's 
Principal  Secretaries  of  State,  who  shall  thereupon  either  con- 
firm the  refusal  or  direct  the  solemnization  of  the  marriage. 
When  mar-        8.  And  be  it  enacted,  That  whenever  any  marriage  shall 
solemnized    not  be  had  within  three  calendar  months  next  after  notice 
mont'hs^'a"^  shall  have  been  so  given  to  and  entered  by  the  Consul  as 
new  notice    aforesaid,   or  where,    in  the  case    of   any  such  caveat  as 

required.  .  '' 

aforesaid,  a  statement  shall  have  been  transmitted  as  afore- 
said, or  where,  on  such  refusal  as  aforesaid  of  the  Consul, 
a  person  shall  appeal  as  aforesaid,  and  the  marriage  shall 
be  directed  to  be   solemnized,   then,  within  three    calendar 
months  after  the  receipt  from  the  Secretary  of  State  of  the 
decision  with  respect  to  such  caveat  or  on  such  appeal  the 
notice  shall  be  void ;  and  the  marriage  in  respect  of  which 
such  notice  was  given  shall  not  be  solemnized  imtil  a  new 
notice  shall  have  been  given,  and  copies  thereof  entered  in 
the  register,  and  suspended  in  the  office  of  the  Consulate,  in 
accordance  with  the  provisions  of  this  Act. 
After  seven       9.  And  be  it  enacted.  That  after  the  expiration  of  seven 
licence^  or     days,  if  the  marriage  is  by  licence,  or  of  twenty-one  days,  if 
twenty-one   t]jg  marriage  is  without  licence,    after  notice    shall   have 

days  witliout  ° 

licence,  mar-  been  SO  given  to  and  entered  by  the  Consul  as  aforesaid, 
be  so^em-  provided  no  lawful  impediment  be  shown  to  the  satisfaction 
Bdtfsh  Coiv-  ^^  *^^  Consul  why  the  marriage  should  not  be  solemnized, 
suiate,  by  or  and  that  the  marriage  has  not  been  forbidden  in  manner 

ill  tlic  pre- 

sence  of  the  herein  provided,  it  shall  be  lawful  for  the  Consul  to 
two^wit-  solemnize,  or  allow  to  be  solemnized  by  any  other  person  in 
nesses.  j^^g  presence,  the  marriage  in  respect  of  which  such  notice 
shall  have  been  given,  between  and  by  the  parties  de- 
scribed in  such  notice  ;  and  every  such  marriage  shall  be 
solemnized  at  the  British  Consulate,  with  open  doors, 
between  the  hours  of  eight  and  twelve  in  the  forenoon,  in 
the  presence  of  two  or  more  witnesses,  and  may  be  so- 
lemnized, in  the  presence  of  the  Consul,  according  to  the 
rites  of  the  United  Church  of  England  and  Ireland,  or  ac- 
cording to  such  other  form  and  ceremony  as  the  parties  thereto 
may  see  fit  to  adopt,  or  may,  where  the  parties  shall  so  desire, 
be  solemnized  by  the  Consul ;  and  in  the  solemnization  of 
every  such  marriage  not  solemnized  according  to  the  rites 
of  the  United   Church   of   England    and  Ireland,   in   some 


APPENDIX. — SECTION   II.  387 

part  of  the  ceremony,  and  in  the  presence  of  the  Consul  and 
witnesses,  each  of  the  parties  shall  declare, 

"  I  do  solemnly  declare,  That  I  know  not  of  any  lawful 
impediment  why  I,  A.  B.,  may  not  be  joined  in  matrimony 

to  c.  d:' 

And  each  of  the  parties  shall  say  to  the  other, 

"  I   call    upon    these    persons   here  present  to  witness, 

That  I,  A.  B.,  do  take  thee,  C.  D.,  to  be  my  lawful  wedded 

wife  [or  husband]." 

10.  And  be  it  enacted.  That  the  Consul  shall  be  entitled,  Marriage 
for  every  marriage  which  shall  be   solemnized  iinder  this  consiii.'  ^ 
Act  by  him  or  in  his  presence,  to  have  from  the  parties 
married  the  sum  of  twenty  shillings,  if  the  marriage  shall  be 

by  licence,  and  otherwise  the  sum  of  ten  shillings. 

1 1 .  And  be  it  enacted,  That  the  Consul  shall  forthwith  Consul  to  re- 
register in  duplicate   every  marriage   solemnized  as  afore- fiages  in 
said  in  two  marriage  register  books  to  be  furnished  to  him  books'^to'^be" 
for  that  piirpose  from  time  to  time  bv  the  Registrar-General  sent  by  the 

.       .  .  Registrar- 

(through   one    of    Her    Majesty's   Principal    Secretaries   of  General 
State),  according  to  the  form  provided  for  the  registration  of  gpp°gfary  ^ 
marriages  by  an  Act  of  the  seventh  year  of  the  reign  of  °^  state. 
King   William   the   Fourth,  intituled    "  An   Act  for  regis- 
tering Births,   Deaths,   and    Marriages  in  England,"   or  as 
near  to   such  form  as  the   difference  of  the  circumstances 
vdll  admit  of;  and  the  entry  in  each  such  book  of  every  such 
marriage  shall  be  signed  by  the  person  by  whom  the  mar- 
riage shall  have  been  solemnized,  if  there  shall  be  any  such 
person  other  than  the  Consul,  and  by  the  Consul  and  both  the 
parties  married,  and  attested  by  two  witnesses  ;  and  all  such 
entries  shall  be  made  in  regular  order  from  the  beginning  to 
the  end  of  each  such  book,  and  the  number  of  the  place  of 
entry  in  each  duplicate  marriage  book  shall  be  the  same. 

12.  And  be  it  enacted.  That  in  the  month  of  January  in  Copies  of  tiie 
every  year  every  Consul  shall  make  and  transmit  to  one  of  register  book 
Her  Majesty's  Principal  Secretaries  of  State,  to  be  trans- ^°^^^/°''" 
mitted    by   him    to   the    Registrar-General,    a    true    copy,  yearly  to  the 
certified  by  such  Consul  under  his  hand  and  Consular  seal,  state. 
according  to  the   form  hi    the   Schedule    (B.)   to  this   Act 
annexed,  of  all  the  entries  of  marriages  d^^ring  the  preceding- 
year  in   the  register  book  kept  by  him  ;  and  if  there  shall 

have  been  no  marriage  registered  during  such  preceding 
year,  the  Consul  shall  certify  such  fact  under  his  hand  and 
Consular  seal ;  and  the  Consul  shall  keep  the  said  duplicate 


388  APPENDIX. — SECTION   II. 

marriage  register  books  safely  until  the  same  shall  be  filled, 
and  one  of  such  duplicate  marriage  register  books,  when 
filled,  shall  be  transmitted  to  one  of  Her  Majesty's  Principal 
Secretaries  of  State,  to  be  transmitted  by  him  to  the  Re- 
gistrar-General. 
Proof  of  13.    And  be  it  enacted,   That  after    any  marriage  shall 

parties  or  have  been  solemnized  under  this  Act  it  shall  not  be  neces- 
neces"ar'"t'  '^^^'J^  ^^  support  of  sucli  marriage,  to  give  any  proof  of 
establish  the  actual  dwelling  for  the  time  required  by  this  Act  of 
marriage.  .  .  .  ■  ^  ■       n 

either  of  the  parties,  previous   to  the  marriage,  withm  the 

district  wherein  such  marriage  was  solemnized,  or  of  the 

consent  of  any  person  Avhose  consent  thereto  is  required  by 

law,  nor  shall  any  evidence  to  prove  the  contrary  be  given  in 

any  suit  touching  the  validity  of  such  marriage. 

Consul  may       14.  And  be  it  enacted,    That  it  shall  be  lawful  for  the 

particulars    Consul    by  whom  or  in  whose  presence    any  marriage  is 

of  parties,     solemnized  under  this    Act    to  ask  of  the  parties    to    be 

married  the  several  particulars  required  to    be  registered 

touching  such  marriage. 

In  case  of         15.  And  be  it  enacted.  That  if  any  marriage  shall  be  had 

marriage,      under  the  provisions  of  this  Act  by  means  of  any  wilfully  false 

partv"t'o'for-  "^otice,  oath,  affirmation,  or  declaration  made  by  either  party 

feitaiipro-  to    such   marriage,    as    to  any  matter  to   which  a  notice, 

perty  ac-  o   '  ./ 

cruing  from  oath,  affirmation,  or  declaration  is  by  this  Act  required,  it 

Tiage?aVin    shall  be    lawful  for    Her    Majesty's   Attorney-General    or 

*^^°-*''''^^- Solicitor-General    to    sue  for    the  forfeiture  of  all    estate 

and   interest  in  any  property  accruing  to  the  offending  party 

by  such  marriage  ;  and  the  proceedings  thereupon,  and  the 

consequences  thereof,  shall  be  the  same  as  are  provided  by 

law  in  the  like  case,  with  regard  to  marriages  solemnized 

by  licence  in  England,  according  to  the  rites  of  the  Church 

of  England. 

Persons  16.  And  be    it    enacted.    That   every  person   who   shall 

oathsf &c.r  knomngly  and  wilfully  make  any  oath,   affirmation,  or  de- 

guiity  of       claration,  or  sign  any  false  notice,  required  by  this  Act,  for 

the  purpose  of  procuring  any  marriage,   and  every  person 

who  shall  forbid  any  such  marriage  by  falsely  representing 

himself  or  herself  to  be  a  person  whose  consent  to  such 

marriage  is  required  by  law,  knowing  such  representation 

to  be  false,  shall  suffer  the  penalties  of  perjury ;  and  such 

off'ender  may  be  tried  in   any   county  or  place  in  England 

in  the  same  manner  and  may  be  dealt  with  in  all  respects 

as  if  the  offence  had  been  committed  in  such  county  or  place 

in  England 


APPENDIX. — SECTION   II.  389 

17.  And  be  it  enacted,  That  in  any  and   every  action  The  certi- 
or  suit  for  forfeiture,  and  upon  any  and  every  prosecution  fuf'to'be'*'" 
for  perjury  as  aforesaid,  the  declaration   and  certificate  of  ^^i'^^"'^^' 
the  Consul,   under   his   hand   and   Consular   seal,    shall   be 
received   and   taken    as    good    and    valid    evidence   in  the 

law  of  all  facts  and  matters  stated  in  such  declaration  and 
certificate,  without  its  being  necessary  for  the  said  Consul  to 
attend  in  person  to  prove  the  same. 

18.  And  be  it  enacted.  That  this  Act  shall  betaken  to  be  Provisions  of 
part  of   the    said  Act  for  registering   Births,   Deaths,  and  ^cf  extend" 
Marriages   in  England,  as  fully  and  effectually  as   if  iucor-  ^^  '°  ^^^^ 
porated  therewith ;  and  that  every  Consul  shall  be  deemed 

a  Registrar  under  the  said  Act ;  and  that  all  the  provisions 
and  penalties  of  the  said  Act  relating  to  any  Registrar,  or 
register  of  marriages  or  certified  copies  thereof,  shall  be 
taken  to  extend  to  every  such  Consul,  and  the  registers  of 
marriages  under  this  Act,  and  to  the  certified  copies  thereof, 
so  far  as  the  same  are  applicable  thereto. 

19.  And  be  it  enacted.  That  every  British  Consul-General  Consuls  may 
and  Consul  already  appointed  or  hereafter  to  be  appointed  rfsed  by° 

to  reside  in  any  foreign  country  or  place,  who  shall  be  |^"^'^"^y°^ 
directed  or  authorised,  by  writing  under  the  hand  of  one  of  lemnizemar- 
her  Majesty's  Principal  Secretaries  of  State,  to  solemnize  "^^^^' 
and  register  marriages,  and  any  person  duly  authorised  to 
act  in  the  absence  of  such  Consul,  or,  in  any  foreign  place 
where  there  is  no  British  Consul  resident,  any  Vice-Consul 
or  Consular  agent  who  shall  be  directed  or  authorised 
as  aforesaid  by  one  of  Her  Majesty's  Principal  Secretaries  of 
State  to  solemnize  and  register  marriages  in  such  place,  shall, 
in  the  country  or  place  in  which  he  is  so  appointed  to  reside, 
or  in  which  he  is  directed  or  authorised  to  solemnize  and 
register  marriages  as  aforesaid,  be  a  Consul  duly  authorised 
for  all  the  purposes  of  this  Act ;  and  in  the  construction  of 
this  Act  the  term  "  Consul  "  shall  (save  where  such  construc- 
tion would  be  inconsistent  with  the  context)  be  construed  to 
mean  a  Consul  so  authorised  ;  and  the  district  of  every  such 
Consul  for  the  purposes  of  this  Act  shall  be  all  or  such 
parts  of  the  foreign  country  in  which  (or  at  a  place  within 
which)  such  Consul  is  appointed  to  reside,  or  is  so  di- 
rected or  authorised  as  aforesaid,  as  such  Secretary  of  State 
may,  by  such  writing  under  his  hand,  direct,  or  where  there 
shall  be  no  direction  in  this  behalf,  shall  be  the  district  of 
the  Consulate  of  such  Consul. 

20.  And  whereas    many  marriages    have    been   entered  Certain  past 


390 


APPENDIX. — SECTION   II. 


marriages 
confirmed. 


Extent  of 
Act. 


iuto  abroad  by  Britisli  subjects  under  circumstances  which 
may  occasion  doubts  as  to  the  validity  of  such  marriages, 
and  it  is  expedient  that  such  marriages  should  be  confirmed 
in  the  cases  hereinafter  mentioned  :  Be  it  enacted,  That  all 
marriages,  both  or  one  of  the  parties  being  subjects  or  a 
subject  of  this  realm,  which,  before  the  passing  of  this  Act 
have  been  solemnized  in  any  foreign  country  or  place, 
or  on  board  a  British  vessel  of  war  on  any  foreign  station, 
by  a  minister  in  holy  orders  according  to  the  rites  and 
ceremonies  of  the  Church  of  England  or  of  Ireland,  or  of 
the  United  Church  of  England  and  Ireland,  or  by  an 
ordained  minister  of  the  Church  of  Scotland  ;  and  all  mar- 
riages of  the  like  parties  which  have  been  solemnized  ac- 
cording to  any  religious  rites  or  ceremonies  or  contracted  per 
verba  de  prcesenti  in  any  foreign  country  or  place  in  the  pre- 
sence of  any  British  Ambassador,  Minister,  Charge  d'Affaires, 
Consul-General,  Consul,  or  Vice-Cons\il  exercising  his  fiuic- 
tions  within  the  foreign  country  or  place  in  which  such 
marriages  have  been  had,  or  on  board  a  British  vessel  of 
war  on  any  foreign  station  in  the  presence  of  the  officer  com- 
manding such  vessel;  and  all  marriages  of  the  like  parties 
which  have  been  solemnized  according  to  any  religious  rites 
or  ceremonies  or  contracted  per  verba  de  prcesenti  in  any 
foreign  country  or  place,  and  registered  by  or  under  the 
authority  of  any  British  Consul-General,  Consul,  or  Vice- 
Consul  exercising  his  functions  within  such  foreign  country  or 
place,  the  signatures  of  the  parties  being  written  in  the 
register,  shall  be  deemed  and  held  to  be  as  valid  in  the  law 
and  cognizable  in  the  like  manner  as  if  the  same  had  been 
solemnized  within  Her  Majesty's  dominions,  with  a  due  ob- 
servance of  all  forms  required  by  law  :  Provided  always,  that 
this  enactment  shall  not  extend  to  render  valid  any  marriage 
which  before  the  passing  of  this  Act  has  been  declared 
invalid  by  any  Court  of  competent  jurisdiction  in  any  pro- 
ceeding touching  such  marriage,  or  any  right  dependent  on 
the  validity  or  invalidity  thereof,  or  any  marriage  where 
either  of  the  parties  has  afterwards,  during  the  life  of  the 
other,  lawfully  intermarried  with  any  other  person. 

21.  Pro\ided  always,  and  be  it  enacted.  That  nothing  in 
this  Act  contained  shall  confirm  or  impair  or  in  anywise 
aflfect,  or  be  constructed  to  confirm  or  impair  or  in  anywise 
affect,  the  validity  in  law  of  any  marriage  solemnized  beyond 
the  seas,  otherwise  than  as  herein  provided ;  and  this  Act 
shall  not  extend  to  the  marriage  of  any  of  the  Royal  Family. 


APPENDIX. — SECTION   II. 


391 


SCHEDULES. 

Schedule  (A.). — Notice  of  Marriage. 

To  the  [Britisli  Consul-General  or  Consul]  at 

I  hereby  give  you  notice,  that  a  marriage  is  intended  to  be 
had  within  three  calendar  months  from  the  date  hereof,  be- 
tween me  and  the  other  party  herein  named  and  described  ; 
(that  is  to  say)  : 


Name  and 
Surname. 

Condition. 

Rank  or 
Profession. 

Age. 

Dwell- 
ing 
place. 

Length 
of  Resi- 
dence. 

John  Broivn    . 
Elizahetli  Reeve 

Widoioer 
Spinster 

Of  full  Age 
Minor 

... 

Witness  my  hand,  this  day  of 

(Signed)  John  Brown. 


Schedule  (B.). 

I  [Consul-General  or  Consul]  residing 

at  ,  do  hereby  certify  that  this  is  a  true  copy 

of  the  entries  of  marriages  registered  in  my  office,  from  the 
entry  of  the  marriage  of  John  Brown  and  Elizabeth  Reeve, 
nimiber  One,  to  the  entry  of  the  marriage  of  Michael  Jones 
and  Maria  Tomkins,  number  Fourteen. 


Witness  my  hand  and  seal,  this 
1850. 


day  o?  January, 


Signature  and  Consular  Seal 
of  the  Consiil-Gene7-al  or  Consul. 


392  APPENDIX. 

SECTION    THE    THIRD. 


18  &  19  Vict.,  cap.  42. 

An   Act  to    enable   British   Diplomatic   and   Consular   Agents 
Abroad  to  administer  Oaths  and  do  Notarial  Acts. 

[2nd  July,  1855.] 
6  G.  4,  c.  87.  Whereas  by  an  Act  of  the  sixth  year  of  King  George  the 
Fourth,  chapter  eighty-seven,  powers  are  given  to  British 
Consuls-General  and  Consuls  to  administer  oaths  and  do  no- 
tarial acts  in  the  foreign  places  to  which  they  are  appointed; 
and  it  is  expedient  that  the  like  powers  shovild  be  given  to 
Ambassadors  and  other  diplomatic  agents  and  to  Vice-Con- 
sids  and  Consular  agents  abroad :  Be  it  enacted  by  the 
Queen's  Most  Excellent  Majesty,  by  and  with  the  advice  and 
consent  of  the  Lords  Spiritual  and  Temporal,  and  Commons, 
in  this  present  Parliament  assembled,  and  by  the  authority  of 
the  same,  as  follows  : 
Oaths  may  1.  From  and  after  the  passing  of  this  Act,  it  shall  and  may 
te^red™)",!!!!- he  lawful  for  every  British  Ambassador,  Envoy,  Minister, 
and^o^her  Charg6  d' Affaires,  or  Secretary  of  Embassy  or  of  Legation 
British  mi-  exercising  his  functions  in  any  foreign  country,  and  for  every 
abroad.  British  Vice-Consul,  Acting  Consul,  Pro-Consul,  or  Consular 
agent  (as  well  as  every  Consul-General  or  Consul)  exercising 
his  functions  in  any  foreign  place,  whenever  he  shall  be 
thereto  required,  and  whenever  he  shall  see  necessary,  to  ad- 
minister in  such  foreign  country  or  place  any  oath  or  to  take 
any  affidavit  or  affirmation  from  any  person  whomsoever, 
and  also  to  do  and  perform  in  such  foreign  country  or  place 
all  and  every  notarial  acts  or  act  which  any  notary  public 
could  or  might  be  required  and  is  by  law  empowered  to  do 
within  the  United  Kingdom  of  Great  Britain  and  Ireland ; 
and  every  such  oath,  affidavit,  or  affirmation,  and  every 
such  notarial  act,  administered,  sworn,  affirmed,  had,  or  done 
by  or  before  such  Ambassador,  Envoy,  Minister,  Charg6 
d'Affaires,  Secretary  of  Embassy  or  of  Legation,  Vice-Consul, 
Acting  Consul,  Pro-Consul,  or  Consular  agent,  shall  be  as 
good,  valid,  and  effectual,  and  shall  be  of  like  force  and  ef- 
fect, to  all  intents  and  purposes,  as  if  such  oath,  affidavit,  or 
affirmation,  or  notarial  act,  respectively,  had  been  adminis- 


APPENDIX. SECTION    III.  393 

tered,  sworn,  affirmed,  had,  or  done  before  any  Justice  of  the 
Peace  or  Notary  Public  in  any  part  of  the  United  Kingdom 
of  Great  Britain  or  Ireland,  or  before  any  other  legal  or  com- 
petent authority  of  the  like  nature. 

2.  Affidavits  and  affirmations  so  taken  as  aforesaid  under  Affidavits 
the  said  Act  of  King  George  the  Fourth  or  this  Act  shall  A,^fb",^a-°'^ 
and  may  be  received,  read,  and  made  use  of  in  and  before  ^"^^'  ^'''•' 

''  ,  ,       _  aDroad,  may 

any  Court  of  Law  or  Equity  or  other  judicature  whatever  in  be  used  in 
any  part  of  the  United  Kingdom,  and  the  judges  and  officers  the  United 
thereof,  in  or  in  relation  to  any  action,  suit,  cause,  matter,  or  '^'"g^''™- 
proceeding  in  or  before  any  such  Court  or  judicature,  in  like 
manner,  and  shall  be  of  the  same  force  and  eff'ect,  as  affida- 
vits and  affirmations  taken  in  or  before  such  Court  or  judi- 
cature, or  by  any  person  duly  commissioned  or  authorised 
by  such  Court  or  judicature  to  take  such  affidavits  or  affirm- 
ations, and  shall  be  filed  and  dealt  with  accordingly. 

3.  Any  document  purporting  to  have  affixed,  impressed,  Documents 

or  subscribed  thereon  or  thereto  the  seal  and  signature  of'°itfe^'\„ 

any  British  Ambassador,  Envoy,  Minister,  Charge  d'Aflfaires,  evidence 
"'  '  J '  '  »  >  without 

Secretary  of  Embassy  or  of  Legation,  Consul-General,  Con-  proof  of  the 
sul,  Vice-Consul,  Acting   Consul,    Pro-Consul,    or  Consular  nature  o^niie 
agent,  in  testimony  of  any  such  oath,  affidavit,  affirmation,  or^o'theToffi- 
or  act  having  been  administered,  sworn,  affirmed,  had,  or  ciai  person. 
done  by  or  before  him,  shall  be  admitted  in  evidence,  without 
proof  of  any  such  seal  and  signature  being  the  seal  and  sig- 
nature of  the  person  whose  seal  and  signature  the  same  pur- 
port to  be,  or  of  the  official  character  of  such  person. 

4.  Any  person  knowingly  and  wilfully  making  any  false  Persons 
oath,  affidavit,  or  affirmation  before  any  person  having  au- a^^^f"\"|  ""^ 
thority  to  administer  such  oath  or  take  such  affidavit  or '^^j^'^'y  g"*"y 

n>  •  1         1  •  1  of  perjury. 

affirmation  under  the  said  Act  of  King  George  the  Fourth  or 
this  Act,  shall  be  deemed  guilty  of  perjury,  and  such  offender 
may  be  charged,  proceeded  against,  tried,  and  dealt  with  in 
any  county  or  place  in  the  United  Kingdom  in  the  same 
manner  in  all  respects  as  if  the  offence  had  been  committed 
in  such  county  or  place. 

5.  If  any  person  shall  forge  any  such  seal  or  signature  as  Persons 
aforesaid,  or  shall  tender  in  evidence  any  such  document  as  or'^s/gnature 
aforesaid  with  a  false  or  counterfeit  seal  or  signature  thereto;  f^'^'y  "^ 

°_  lelony. 

knowing  the  same  to  be  false  or  counterfeit,  he  shall  be 
guilty  of  felony,  and  shall  upon  conviction  be  liable  to  penal 
servitude  for  the  term  of  four  years,  or  to  be  imprisoned, 
with  or  without  hard  labour,  for  any  term  not  exceeding 
S  E 


394  APPEaJDlX. — SECTION   lY. 

three  years  nor  less  than  one  year;  and  whenever  any  such 
document  has  been  admitted  in  evidence  by  virtue  of  this 
Act,  the  Court  or  the  person  who  has  admitted  the  same  may, 
at  the  request  of  any  party  against  whom  the  same  is  so  ad- 
mitted in  evidence,  direct  that  the  same  shall  be  impounded 
and  be  kept  in  the  custody  of  some  officer  of  the  Court  or 
other  proper  person  for  such  period,  and  subject  to  such 
conditions,  as  to  the  said  Court  or  person  shall  seem  meet; 
and  every  person  charged  with  committing  any  felony  under 
this  Act  may  be  dealt  with,  indicted,  tried,  and,  if  convicted, 
sentenced,  and  his  offence  may  be  laid  and  charged  to  have 
been  committed,  in  the  county,  district,  or  place  in  which  he 
maybe  apprehended  or  be  in  custody;  and  every  accessory 
before  or  after  the  fact  to  any  such  offence  may  be  dealt  with, 
indicted,  tried,  and,  if  convicted,  sentenced,  and  his  offence 
laid  and  charged  to  have  been  committed,  in  any  county, 
district,  or  place  in  which  the  principal  oifender  may  be  tried. 


SECTION   THE   FOURTH. 


18  &  19  Vict.,  cap.  111. 
An  Act  to  amend  the  Law  relating  to  Bills  of  Lading. 


[14th  August,  1855.] 
Whereas  by  the  custom  of  merchants  a  bill  of  lading  of 
goods  being  transferable  by  endorsement  the  property  in  the 
goods  may  thereby  pass  to  the  endorsee,  but  nevertheless  all 
rights  in  respect  of  the  contract  contained  in  the  bill  of  la- 
ding continue  in  the  original  shipper  or  owner,  and  it  is  ex- 
pedient that  such  rights  should  pass  with  the  property:  And 
whereas  it  frequently  happens  that  the  goods  in  respect  of 
which  bills  of  lading  purport  to  be  signed  have  not  been 
laden  on  board,  and  it  is  proper  that  such  bills  of  lading  in 
the  hands  of  a  bond  fide  holder  for  value  should  not  be  ques- 
tioned by  the  master  or  other  person  signing  the  same  on  the 
ground  of  the  goods  not  having  been  laden  as  aforesaid:  Be 
it  therefore  enacted  by  the  Queen's  most  Excellent  Majesty, 


APPENDIX. — SECTION   IV.  395 

by  and  with  the  advice  and  consent  of  the  Lords  Spiritual 
and  Temporal,  and  Commons,  in  this  present  Parliament 
assembled,  and  by  the  authority  of  the  same,  as  follows  : 

1.  Every  consignee  of  goods  named  in  a  bill  of  lading,  Ri>;hts  un- 
and  every  endorsee  of  a  bill  of  lading  to  whom  the  property  ia"ing  tV 
in  the  goods  therein  mentioned  shall  pass,  upon  or  by  reason  ^.';^* '"  '^°"" 
of  such  consignment  or  endorsement,  shall  have  transferred  endorsee. 
to  and  vested  in  him  all  rights  of  suit,  and  be  subject  to  the 

same  liabilities  in  respect  of  such  goods  as  if  the  contract 
contained  in  the  bill  of  lading  had  been  made  with  himself. 

2.  Nothing  herein  contained  shall  prejudice  or  affect  any  Not  to  affect 
right  of  stoppage  in  transitu,  or  any  right  to  claim  freight  ^J^pp^gg  ^^^ 
against  the  original  shipper  or  owner,  or  any  liability  of  the  frmxitu  or 
consignee  or  endorsee  by  reason  or  in  consequence  of  his  freight. 
being  such  consignee  or  endorsee,  or  of  his  receipt  of  the 

goods  by  reason  or  in  consequence  of  such  consignment  or 
endorsement. 

3.  Every  bill  of  lading  in  the  hands  of  a  consignee  or  en-  Bill  of 
dorsee  for  valuable  consideration  representing  goods  to  have  handfoTcon- 
been  shipped  on  board  a  vessel  shall  be  conchxsive  evidence  ^'8"^*^'?"=' 

'■  ^_  _  conclusive 

of  such  shipment  as  against  the  master  or  other  person  sign- evidence  of 
ingthe  same,  notwithstanding  that  such  goods  or  some  part  as  against*^" 
thereof  may  not  have  been  so  shipped,  unless  such  holder  of  ™^^'®'"'  ^"'" 
the  bill  of  lading  shall  have  had  actual  notice  at  the  time  of 
receiving  the  same  that  the  goods  had  not  been  in  fact  laden 
on  board :  Provided,  that  the  master  or  other  person  so  sign-  Proviso. 
ing  may  exonerate  himself  in  respect  of  such  misrepresenta- 
tion by  showing  that  it  was  caused  without  any  default  on 
his  part,  and  wholly  by  the  fraud  of  the  shipper,  or  of  the 
holder,  or  some  person  under  whom  the  holder  claims. 


396 


APPENDIX. 


SECTION   THE   FIFTH. 


6  Geo.  IV.,  cap.  78. 

^n  Act  to  repeal  the  several  Laivs  relating  to  the  performance  of 
Quarantine,  and  to  make  other  Provisions  in  lieu  thereof. 

[27tli  June,  1825.] 
Whereas  it  is  expedient  to  repeal  the  several  laws  relating 
to  the  performance  of  quarantine,  and  to  make  other  pro- 
Acts  relating  visions  in  lieu  thereof:  Be  it  therefore  enacted  by  the  King's 
tine  re-  most  Excellent  Majesty,  by  and  with  the  advice  and  consent 
pealed.  ^^  ^^^  Lords  Spiritual  and  Temporal,  and  Commons,  in  this 
present  Parliament  assembled,  and  by  the  authority  of  the 
same,  that  from  and  after  the  first  day  of  June,  One  Thou- 
sand eight  hundred  and  twenty-five,  all  and  every  Act  and  all 
parts  of  Acts  of  the  Parliament  of  Great  Britain  and  Ireland 
respectively  and  of  the  Parliament  of  the  United  Kingdom, 
relating  to  the  performance  of  quarantine,  or  relating  to  the 
charging  any  duty  or  duties  upon  vessels  which  may  be  liable 
to  or  have  performed  quarantine,  shall  be  and  the  same  is 
hereby  repealed,  save  and  except  such  Acts,  and  such  parts 
of  Acts,  as  relate  to  the  payment  and  recovery  of  any  duties 
imposed  by  the  said  Acts,  or  any  parts  of  Acts  which  shall 
be  due  and  unpaid  on  the  first  day  of  June  by  any  person  or 
persons  under  any  or  either  of  the  said  Acts  ;  and  also  save 
and  except  as  to  any  fine,  penalty,  forfeiture,  or  punishment, 
or  fines,  penalties,  forfeitures,  or  punishments,  to  which  any 
such  person  or  persons  may  be  liable  by  reason  of  the  same ; 
and  also  save  and  except  as  to  any  action,  siiit,  prosecution, 
or  other  proceeding  brought  or  commenced,  or  which  shall 
hereafter  be  brought  or  commenced,  for  or  on  account  of  any 
such  offence  or  offences  so  done  or  committed  as  aforesaid. 
What  ves-  2.  And  be  it  enacted.  That  from  and  after  the  first  day  of 
liable  to  June,  One  thousand  eight  hundred  and  twenty-five,  all  vessels, 
quarantine,  ^g  ^^g^j  jjjg  Majesty's  ships  of  war  as  others,  coming  from  or 
having  touched  at  any  place  from  whence  His  Majesty,  his 
heirs  or  successors,  by  and  with  the  advice  of  his  or  their 
Privy  Council,  shall  have  adjudged  and  declared  it  probable 
that  the  plague  or  other  infectious  disease  or  distemper  highly 
dangerous  to  the  health  of  His  Majesty's  subjects  may  be 


APPENDIX. SECTION    V.  397 

brought,  and  all  vessels  and  boats  receiving  any  person, 
goods,  wares,  and  mercliandise,  packets,  packages,  baggage, 
wearing  apparel,  books,  letters,  or  any  other  article  whatsoever, 
from  or  out  of  any  vessel  so  coming  from  or  having  touched 
at  such  infected  place  as  aforesaid,  whether  such  persons, 
goods,  wares,  and  merchandise,  packets,  packages,  baggage, 
wearing  apparel,  books,  letters,  or  other  articles,  shall  have 
come  or  been  brought  in  such  vessels,  or  such  persons  shall 
have  gone,  or  articles  have  been  put  on  board  the  same,  either 
before  or  after  the  arrival  of  such  vessels  at  any  port  or  place 
in  the  United  Kingdom,  or  the  Islands  of  Guernsey,  Jersey, 
Alderney,  Sark,  or  ]\Ian,  and  whether  such  vessels  were  or  Avere 
not  bound  to  any  port  or  place  in  the  United  Kingdom,  or  the 
Islands  aforesaid,  and  all  persons,  goods,  wares,  and  mei'chan- 
dise,  packets,  packages,  baggage,  wearing  apparel,  books, 
letters,  or  any  other  article  whatsoever,  on  board  of  any 
vessels  so  coming  from  or  having  touched  at  such  infected 
place  as  aforesaid,  or  on  board  of  any  such  receiving  vessels 
or  boats  as  aforesaid,  shall  be  and  be  considered  to  be  liable 
to  quarantine  within  the  meaning  of  this  Act,  and  of  any 
Order  or  Orders  which  shall  be  made  by  His  Majesty, his  heirs 
and  successors,  by  and  with  the  advice  of  his  or  their  Privy 
Council,  concerning  quarantine  and  the  prevention  of  in- 
fection, from  the  time  of  the  departure  of  such  vessels  from 
such  infected  place  as  aforesaid,  or  from  the  time  Avhen  such 
persons,  goods,  wares,  merchandise,  packets,  packages,  bag- 
gage, wearing  apparel,  books,  letters,  or  other  articles  shall 
have  been  received  on  board  respectively ;  and  all  such 
vessels  and  boats  as  aforesaid,  and  all  persons  (as  well  pilots 
as  others),  goods,  wares,  and  merchandise,  and  all  other 
articles  as  aforesaid,  whether  coming  or  brought  in  such 
vessels  or  boats  from  such  infected  place  as  aforesaid,  or 
going  or  being  put  on  board  the  same,  either  before  or  after 
the  arrival  of  such  vessels  or  boats  at  any  port  or  place  in 
the  United  Kingdom,  or  the  Islands  aforesaid,  and  all  persons, 
goods,  wares,  and  merchandise,  and  other  articles  as  afore- 
said, on  board  such  receiving  vessel  or  boat  as  aforesaid,  shall, 
upon  their  arrival  at  any  such  port  or  place,  be  obliged  to 
perform  quarantine  in  stich  place  or  places,  for  such  time 
and  in  such  manner  as  shall  from  time  to  time  be  directed  by 
His  Majesty,  his  heirs  or  successors,  by  his  or  their  Order  or 
Orders  in  Council,  notified  by  proclamation,  or  published  in 
the  London  Gazette ;  and  that  until  such  vessels  and  boats. 


398  APPENDIX. — SECTION   V. 

persons,  goods,  wares,  and  merchandise,  and  other  articles  as 
aforesaid,  shall  have  respectively  performed,  and  shall  be  duly 
discharged  from  quarantine,  no  such  person,  goods,  wares, 
or  merchandise,  or  other  articles  as  aforesaid,  or  any  of  them, 
shall,  either  before  or  after  the  arrival  of  such  vessels  or  boats 
at  any  port  or  place  in  the  United  Kingdom,  or  the  Islands 
aforesaid,  come  or  be  brought  on  shore,  or  go  and  be  put  on 
board  any  other  vessel  or  boat,  in  order  to  come  or  be 
brought  on  shore  in  any  such  port  or  place,  although  such 
vessels  so  coming  from  such  infected  place  as  aforesaid  may 
not  be  bound  to  any  port  or  place  in  the  United  Kingdom,  or 
the  Islands  aforesaid,  unless  in  such  manner  and  in  such 
cases,  and  by  such  licence  as  shall  be  directed  or  permitted 
by  such  Order  or  Orders  made  by  His  Majesty,  his  heirs  or 
successors,  in  Council,  as  aforesaid  ;  and  all  such  vessels  and 
boats,  whether  coming  from  such  infected  place  as  aforesaid, 
or  being  otherwise  liable  to  quarantine  as  aforesaid,  and  all 
persons  (as  well  pilots  as  others),  goods,  wares,  and  merchan- 
dise, and  other  articles  as  aforesaid,  whether  coming  or 
brought  in  such  vessels  or  boats,  or  going  or  being  put  on 
board  the  same,  either  before  or  after  the  arrival  of  such 
vessels  or  boats  at  any  port  or  place  in  the  United  Kingdom, 
or  the  Islands  aforesaid,  and  although  such  vessels  or  boats 
shall  not  be  bound  to  any  port  or  place  in  the  United  King- 
dom, or  the  Islands  aforesaid ;  and  all  commanders,  masters, 
or  other  persons,  having  the  charge  or  command  of  any  such 
vessels  or  boats,  whether  coming  from  any  infected  place,  or 
being  otherwise  liable  to  quarantine  as  aforesaid,  shall  be 
subject  to  all  provisions,  rules,  regulations,  and  restrictions 
contained  in  this  Act,  or  in  any  Order  or  Orders  which  shall 
be  made  by  His  Majesty,  his  heirs  and  successors,  in  Council 
as  aforesaid,  concerning  quarantine  and,  the  prevention  of 
infection,  and  to  all  the  pains,  penalties,  forfeitures,  and 
punishments  contained  in  this  Act,  for  any  breach  or  dis- 
obedience thereof,  or  of  any  Order  or  Orders  of  His  Majesty 
in  Council  made  under  the  authority  thereof. 
Power  for  3.  And  be  it  further  enacted,  That  it  shall  and  may  be  law- 
Tii'^fo^der  ^^^^  ^^^  ^^^  Majesty,  his  heirs  and  successors,  by  his  or  their 
vessels  com -Order  in  Council,  or  for  the  Lords  or  others  of  his  or  their 

ing  from 

America  or   Privy  Council,  or  any  two  or  more  of  them,  by  their  Order 

the  West 

Indies,  when  from  time  to  time,  as  often  as  they  may  see  reason  to  appre- 
fever'^etcT  ^^^^  that  the  yellow  fever  or  other  highly  infectious  distem- 
prevails        per  prevails  on  the  continent  of  America,  or  in  the  West 


APPENDIX. — SECTION   V.  399 

Indies,  to  require  that  every  vessel  coming  from  or  having  there,  to  go 
touched  at  any  port  or  place  on  the  continent  of  America  places  with- 
er in  the  West  Indies,  shall  come  to  an  anchor  at  certain  ^^bj^""" 
places  to  be  appointed  from  time  to  time  by  the  Commis- quarantine, 
sioners  of  his  Majesty's  Customs  (who  are  hereby  authorised 
to  make  such  appointment),  for  the  purpose  of  having  the 
state  of  health  of  the  crew  of  such  vessel  ascertained,  before 
such  vessel  shall  be  permitted  to  enter  the  port  whereto  she 
shall  be  bound,  or  any  other  port  of  the  United  Kingdom; 
but  that  such  vessel  shall  not  be  deemed  liable  to  quaran- 
tine unless  it  shall  be  afterwards  specially  ordered  under 
that  restraint. 

4.  Provided  always,  and  be  it  enacted,  That  it  shall  and  Power  to 
maybe  lawful  for  the  Lord  Lieutenant,  or  other  Chief  Go- nant,  where 
vernor  or  Governors  of  Ireland,  by  his  or  their  Order  or  ^'j^^^J  1^"^^ 
Orders,  made  by  the  advice  and  consent  of  His  Majestv's  requires,  to 

trivG  dircc- 

Privy  Council  in  Ireland,  and  notified  by  proclamation,  to  tions,  by  pro- 
give  directions,  where  the  urgency  of  the  case  shall  require,  ^vhere  ve"- 
as  to  the  place  or  places,  and  as  to  the  time  and  manner  in  seis  shall 

y  ^  _  perform  qua- 

which  ships  and  vessels  arriving,   and  persons,   goods,  and  rantine,  etc, 

merchandises*  coming  or  imported  into  any  port  or  place  in 
Ireland,  shall  make  their  quarantine,  in  pursuance  of  the 
provisions  of  this  Act;  and  that  until  such  ships,  vessels, 
persons,  goods,  and  merchandises  shall  have  respectively 
performed  and  been  discharged  from  such  quarantine,  pur- 
suant to  the  provisions  of  this  Act,  it  shall  and  may  be  law- 
ful for  any  such  persons,  goods,  or  merchandises,  or  any  of 
them,  to  come  or  be  brought  on  shore,  or  to  go  or  be  put  on 
board  any  other  ship  or  vessel  in  any  place  in  Ireland,  in 
such  cases,  and  by  such  licence  as  shall  or  may  be  directed 
or  permitted  by  any  Order  or  Orders  to  be  made  by  the  Lord 
Lieutenant,  or  other  Chief  Governor  or  Governors  of  Ire- 
land, by  the  advice  and  consent  of  the  Privy  Council  there, 
and  notified  as  aforesaid;  and  that  all  such  ships  and  vessels, 
and  the  persons  or  goods  coming  or  imported  in,  or  going 
and  being  put  on  board  such  ships  or  vessels,  and  all  ships, 
vessels,  boats,  and  persons  receiving  any  goods  or  persons 
out  of  the  same,  and  all  persons  going  on  board  any  such 
ship  or  vessels,  shall  be  subject  to  such  orders,  rules,  and 
directions  concerning  quarantine  and  the  preventing  infec- 
tion, as  shall  be  made  from  time  to  time  by  the  Lord  Lieu- 
tenant or  other  Chief  Governor  or  Governors  of  Ireland  in 
CouncU,  and  shall  be  notified  by  proclamation  as  aforesaid, 


400  APPENDIX. SECTION    V. 

in  pursuance  of  the  provisions  contained  in  this  Act;   and 

that  the  publication  in  the  Dublin  Gazette  of  any  Order  or 

Orders  of  the  Lord  Lieutenant  or  other  Chief  Governor  or 

Governors  and  Council,  made  in  pursuance  of  this  Act,  shall 

be  deemed  and  taken  to  be  sufficient  notice  to  all  persons 

concerned,  of  all  matters  contained  in  any  such  Order  or 

Orders  respectively. 

Goods  and         5.  And  whereas  certain  sorts  of  goods   and  merchandise 

cified  ill  any  are  more  especially  liable  to  retain  infection,  and  may  be 

Counci "sub- ^^*^^^S^*  ^^"^^^^  P^^^^^  infected  into  other  covmtries,  and  from 

ject  to  qua-  thence  imported  into  the  United  Kingxlom,  or  the  Islands 

rantine;  as  .  .  o  ' 

also  all  ves-  aforesaid ;  be  it  enacted.  That  all  such  goods  and  merchan- 

from  any    °  dise  as  shall  be  particularly  specified  for  that  purpose  in  any 

suspkious     Order  or  Orders  made  by  His  Majesty,  his  heirs  or  succes- 

ciicumstan-  sors,  in  Council,  concerning  quarantine,  and  the  prevention 

fection.         of  infection  as  aforesaid,  which  shall  be  brought  or  imported 

into  any  port  or  place  in  the  United  Kingdom,  or  the  Islands 

aforesaid,  from  any  foreign  country  or  place,  in  any  vessel 

whatever;  and  the  vessels  in  which  the  same  shall  be  brought, 

and  also  all  vessels  which  shall  arrive  from  any  port  or  place 

whatever,  under  any  alarming  or  suspicioTis  circumstances 

as  to  infection,  shall  be  subject  and  liable  to  such  regulations 

and  restrictions  as  shall  be  made  by  such  Order  or  Orders  of 

His  Majesty,  his  heirs  or  successors,  in  Council  as  aforesaid, 

respecting  the  same. 

The  Privy         6.  And  be  it  further  enacted,  That  it  shall  and  may  be 

mTelucif^  lawful  for  the    Lords   and  others  of  His  Majesty's  Privy 

Order  as       Council,  or  any  two  or  more  of  them,  to  make  such  Order  as 

they  shall  t  j 

think  neces-  they  shall  see  necessary  and  expedient  upon  any  unforeseen 
sary  upon  .  "       ^.      ^  .  , 

emergen-      emergency,  or  m  any  particular  case  or  cases,  with  respect 

to  any  vessel  arriving  and  having  any  infectious  disease  or 
distemper  on  board,  or  on  board  of  which  any  infectious  dis- 
ease or  distemper  may  have  appeared  in  the  course  of  the 
voyage,  or  arriving  under  any  other  alarming  or  suspicious 
circumstances  as  to  infection,  although  such  vessels  shall  not 
have  come  from  any  place  from  which  His  Majesty,  his  heirs 
or  successors,  by  and  with  the  advice  of  his  Privy  Council, 
may  have  adjudged  and  declared  it  probable  that  the  plague 
or  any  such  infectious  disease  or  distemper  may  be  brought, 
and  also  with  respect  to  the  persons,  goods,  wares,  and  mer- 
chandise, and  other  articles  as  aforesaid  on  board  the  same; 
and  in  case  of  any  infectious  disease  or  distemper  appearing 
or  breaking  out  in  the  United  Kingdom,  or  the  Islands  afore- 


cies. 


I 


APPENDIX. SECTION    V.  401 

said,  to  make  such  orders  and  give  such  direction,  in  order 
to  cut  off  all  communication  between  any  persons  infected 
with  any  such  disease  or  distemper,  and  the  rest  of  His  Ma- 
jesty's subjects,  as  shall  appear  to  the  said  Lords  or  others 
of  His  Majesty's  Privy  Council,  or  any  two  or  more  of  them, 
to  be  necessary  and  expedient  for  that  purpose,  and  likewise 
to  make  such  orders  as  they  shall  see  fit,  for  shortening  the 
time  of  quarantine  to  be  performed  by  particular  vessels  or 
particular  persons,  goods,  wares,  merchandise,  or  any  other 
articles,  or  for  absolutely  or  conditionally  releasing  them  or 
any  of  them  from  quarantine ;  and  all  such  Orders  so  made 
by  the  Lords,  or  others  of  the  Privy  Council,  or  any  two  or 
more  of  them  as  aforesaid,  shall  be  as  good,  valid,  and  effec- 
tual, to  all  intents  and  purposes,  as  well  with  respect  to 
the  commander,  master,  or  other  person  having  the  charge 
of  any  vessel,  and  all  other  persons  on  board  the  same,  as 
ivitli  respect  to  any  other  persons  having  any  intercourse  or 
communication  with  them,  and  to  the  penalties,  forfeitures, 
and  punishments  to  which  they  may  respectively  become 
liable,  as  any  Order  or  Orders  made  by  His  Majesty,  his 
heirs  or  successors,  by  and  with  the  advice  of  his  or  their 
Privy  Council,  concerning  quarantine,  notified  by  proclama- 
tion, or  published  in  the  London  Gazette. 

7.  And  be  it  further  enacted.  That  if  the  plague,  or  such  Regulations 
other  infectious  disease  or  distemper  as  aforesaid,  shall  ap-  which  infec- 
pear  on  board  any  vessel  within  or  without  the  Straits  ofap"^j^'ijj^_ 

Gibraltar,  then  the  commander,  master,  or  other  person  hav-  ^"  '''"  ^;"»- 

out  the 
ing  the  charge  or  command  thereof  shall  immediately  pro-  Straits  of 

jceed  to  such  place  as  His  Majesty,  his  heirs  or  successors, 
by  and  with  the  advice  of  his  or  their  Privy  Council,  shall 
rom  time  to  time  direct  and  appoint ;  where  being  arrived, 
e  shall  make  known  his  case  to  some  officer  of  the  Customs 
there,  who  shall  Avith  all  possible  speed  send  intelligence 
thereof  to  the  Commissioners  of  the  Customs  in  the  Port  of 
London,  to  the  end  that  such  precautions  may  be  used  to 
prevent  the  spreading  of  the  infection,  as  the-  case  shall  re- 
quire; and  the  said  vessel  shall  there  remain,  until  directions 
fehall  be  given  thereto  by  the  Lords  or  others  of  His  Majesty's 
Privy  Council,  or  any  two  or  more  of  them;  nor  shall  any  of 
the  crew  or  passengers  on  board  thereof  go  on  shore ;  and 
uch  master  and  every  other  person  on  board  such  vessel 
hall  obey  such  directions  as  he  shall  receive  from  the  Lords 
md  others  of  His  Majesty's  Privy  Council,  or  any  two  or 

3   F 


402  '  APPENDIX. — SECTION   V. 

more  of  them  as  aforesaid ;  and  the  said  commander,  master, 

or  any  other  person  on  board  such  vessel  as  aforesaid,  who 

shall  not  act  conformably  to  the  provisions  and  regulations 

herein  directed,  or  shall  act  in  disobedience  to  such  directions 

as  shall  be  received  on  board  such  vessel  from  the  Lords  or 

others  of  the  Privy  Council,  or  any  two  or  more  of  them  as 

aforesaid,  shall  forfeit  the  sum  of  one  hundred  pounds. 

Masters  of         8.  And  be  it  further  enacted.  That  every  commander,  mas- 

to^quaran-  ^  ^^^>  ^^  Other  pcrson,  having  the  charge  of  any  vessel  liable 

tine  to  make  ^q  the  performance  of  quarantine,  shall  be  and  is  hereby 

signals  on  .       ^  _  '■  ■' 

meeting        required,  at  all  times,  when  such  vessel  shall  meet  with  any 

seis  at  sea,     Other  vcssel  at  sea,  or  shall  be  within  two  leagues  of  the 

wUhTnfwo    coast  of  the  United  Kingdom,  or  the  Islands  of  Guernsey, 

leagues  of     Jersev,  Aldernev,  Sark,  or  Man,  to  lioist  a  signal  to  denote 

the  United  ;  '.  ,  ,  , 

Kingdom,  or  that  his  A'essel  is  liable  to  the  performance  of  quarantine, 

etc^on  pe-  which  signal  shall  be,  in  the  day-time,  if  the  said  vessel  shall 
ualty  of  100/.  jjave  a  clean  bill  of  health,  a  large  yellow  flag,  of  six  breadths 
of  bunting,  at  the  main-top-mast-head,  and  if  such  vessel 
shall  not  have  a  clean  bill  of  health,  then  a  like  yellow  flag, 
with  a  circular  mark  or  ball,  entirely  black  in  the  middle 
thereof,  whose  diameter  shall  be  equal  to  two  breadths  of 
bunting ;  and  in  the  night-time  the  signal  shall  in  both  cases 
be  a  large  signal  lanthorn  with  a  light  therein  (such  as  is 
commonly  used  on  board  His  Majesty's  ships  of  war),  at  the 
same  mast-head ;  and  such  commander,  master,  or  other  per- 
son shall  keep  such  signals  respectively,  as  the  case  shall  be, 
hoisted  during  such  time  as  the  said  vessel  shall  continue 
within  sight  of  such  other  vessel,  or  within  two  leagues  of 
the  said  coasts  or  islands,  and  while  so  in  sight,  or  within 
such  distance,  until  such  vessel  so  liable  to  quarantine  as 
aforesaid  shall  have  arrived  at  the  port  or  place  where  it  is 
to  perform  quarantine,  and  until  it  shall  have  been  legally 
discharged  from  the  performance  thereof;  on  failure  whereof 
such  commander,  master,  or  other  person  having  charge  of 
such  ship  or  vessel  so  liable  to  the  performance  of  quaran- 
tine, shall  forfeit  and  pay  for  every  such  offence  the  sum  of 
one  hundred  pounds. 
Masters  of  ^'  And  be  it  further  enacted.  That  every  commander, 
vessels  to      master,    or   other  person  having  the   charge  of  any  vessel 

hoist  ceriain  '  ^  °  . 

signals  when  on  board  whcrcof  the  plague   or  other  infectious  disease 

plague  or  i-iii  iiii/.    tt-       i\tr 

infectious  or  distemper  highly  dangerous  to  the  health  of  His  Ma- 
boa^rdTon*  jesty's  subjects  shall  actually  be,  shall  be,  and  is  hereby 
\ooi^^^  °^     required  at   all  times    when    such   vessel   shall    meet   with 


APPENDIX. — SECTION   V.  40^ 

any  other  vessel  at  sea,  or  shall  be  within  two  leagues  of  the 
coast  of  the  United  Kingdom,  or  the  Islands  of  Guernsey, 
Jersey,  Alderney,  Sark,  or  Man,  to  hoist  a  signal  to  denote 
that  his  vessel  has  the  plague  or  other  infectious  disease  or 
distemper  highly  dangerous  to  the  health  of  His  Majesty's 
subjects  actually  on  board  thereof,  which  signal  shall  be  in 
the  day-time  a  flag  of  yellow  and  black,  borne  quarterly,  of 
eight  breadths  of  bunting,  at  the  main-top-mast-head  ;  and  in 
the  night-time,  the  signal  shall  be  two  lai-ge  signal  lanthorus, 
such  as  are  commonly  used  on  board  of  His  Majesty's  ships 
of  war,  one  over  the  other,  at  the  same  mast-head ;  and 
such  commander,  master,  or  other  person  shall  keep  such 
signal  hoisted  during  such  time  as  the  said  vessel  so  having 
the  plague  or  such  other  infectious  disease  or  distemper 
as  aforesaid  on  board  thereof,  shall  continue  within  sight  of 
such  other  vessel,  or  within  two  leagues  of  the  coasts  or 
islands  aforesaid,  while  so  in  sight  or  within  such  distance, 
until  such  vessel  so  having  the  plague  or  such  other  infectious 
^disease  or  distemper  as  aforesaid  on  board  thereof,  shall 
have  arrived  at  the  port  or  place  where  it  is  to  perform 
quarantine,  and  until  it  shall  have  been  legally  discharged 
from  the  performance  thereof;  on  failure  thereof  such  com- 
mander, master,  or  other  person  having  charge  of  such 
vessel  shall  forfeit  and  pay  for  evei'y  such  offence  the  sum  of 
one  hundred  pounds. 

10.  And  be  it  further  enacted.  That  if  any  commander,  penalty  on 
master,  or  other  person  having  the  charge  or  command  of  jj^^^j^g  ^■ 
any  vessel,  and  knowina;  that  the  same  is  not  liable  to  the  "^is  when 

n  „  .  in,.  ,      .         1  not  liable, 

performance  of  quarantine,  shall  hoist  such  signal  as  afore-  so/. 

said,  or  either  of  them,  by  day  or  night  respectively,  such 

commander  or  other  person  as  aforesaid  shall  forfeit  and  pay 

the  sum  of  fifty  pounds. 

11.  And  be  it  further  enacted.  That  from  and  after  the  first  Masters  of 
day  of  July,  One  thousand  eight  hundred  and  twenty-five,  as  theiTa%?vai 
to  all  vessels  arriving  from  any  places   beyond  the  Cape  of '^'^''"'  foreign 
Good  Hope,  or    Cape  Horn,    in  South   America,  and  after  to  the  pilots 

!  the  first  day  of  August  One   thousand    eight   hundred  and  of  the  places 

twenty-five,   as  to  all   vessels  arriving  from   any  parts  of  t]^g^'g,^3ii 

'  Africa  or  America  not  beyond  those  Capes,   and  from  the  ^^"^  loaded, 

^     ,.  1    •»,     T  1     o  ■.  andtouched, 

West  Indies    and  Mediterranean,    and  from  and  after  the  on  penalty 

ti  first  day  of  June  One  thousand  eight  hundred  and  tAventy-  °     "   ' 
i  five,  as  to  all  vessels  arriving  from  any  other  places,  every 
commander,  master,  or  other  person,  having  the  charge  of 


404  APPENDIX. SECTION    V. 

any  vessel  coming  from  foreign  parts,  shall  give  to  the  pilot 
who  shall    go   on   board  such  vessel  a  written  paper,  con- 
taining a  true  account  of  the  names  of  the  place  and  country 
at  which  such  vessel  shall  have  loaded,   and  also  of  all  the 
places   at  which   any  such  \essel  shall  have  touched  on  the 
homeward  voyage,  on  pain  of  forfeiting  the  sum  of  one  hun- 
dred pounds  for  any  neglect  or  refusal  to  give  such  paper,  or 
Pilots  to       for  any  false  representation  or  wilful  omission  therein  :  and 
^f\ny  Vro-    if)  by  any  proclamation  or  Order  of  His  Majesty  in  Council, 
orde'* """  °^  rn^de  after  the  departure  of   any    vessel  from  the  United 
Council  re-    Kingdom  and  the  said  Islands,   and  then   in   force,  vessels 
performance  coming  from  any  place  mentioned  in  any  such  paper  shall 
tine.^oiTpe-  ^^  liable  to  the  performance  of  any  quarantine,  such  pilot 
naityofioo/.  g]jall  immediately  give  notice  thereof  to  the  commander  or 
other  person  aforesaid,  of  such  vessel,  on  pain  of  forfeiting 
the  sum  of  one  hundred  pounds  for  any  neglect  therein ;  and 
such  commander   or   other   person    shall    thereupon    hoist 
a  proper  signal,  according  to  the  provisions  of  this  Act,  and 
under  the  penalties  in  this  Act  contained  for  any  neglect  or, 
refusal  in  respect  of  hoisting  such  signals. 
Pilot  to  give      12.  And  be  it  further  enacted,   That  every  commander, 

notice  if  any  ,  i        •  i  t 

articles  be     master,  or  other  person  having  the   charge  oi    any  vessel 

°iabie"o        coming    from   foreign  parts,  which   shall  not  be   liable    to 

quarantine,   quarantine  in  respect  of  the  place  from  whence  such  vessel 

on  penalty      ^  ^  ^ 

otiwi.         comes,  shall  give  to  the  pilot  who   shall  go  on  board  such 

vessel,  a  written  paper,  containing   a  true  account   of   the 
different  articles  composing  the  cargo  of  such  vessel,  on  pain 
of  forfeiting  the   sum  of   fifty  pounds    for  any  neglect  or 
refusal  to  give  such  paper,  or  for  any  false  representation  or 
wilful  omission  therein ;    and  if,    by    any  proclamation   or 
Order  of  His  Majesty  in  Council  then  in  force,  vessels  having 
on  board  any  of  the  articles  mentioned  in  such  paper  shall 
be  liable  to  the  performance  of  quarantine,  such  pilot  shall 
immediately  give  notice  thereof  to  the  commander  or  other 
person  having  the  charge  of  such  vessel,  on  pain   of  for- 
feiting one  hundred    pounds    for  any  neglect   therein,  and 
such  commander  or  other  person    shall   thereupon  hoist  a 
signal,  according  to  the  provisions,  and  under  the  respective 
penalties  in  this  Act  contained,  for  any  neglect  or  refusal  in 
Penalty  on    rcspcct  of  hoisting  such  signals  ;  and  in  case  any  pilot  shall 
ducting  ves- bring  or  cause  to  be  brought  or  conducted  any  vessel  liable 
other°p?ac^e    *°    *^®  performance  of    quarantine,   into    any  place   which 
than  that  ap- ig  ^ot  or  shall  not  be  specially  appointed  for  the  reception 


APPENDIX. — SECTION    V.  405 

of  vessels  so  liable,  after  receiving  such  paper  as  aforesaid,  pointed  for 
whereby  it  shall  have  been  made  to  appear  that  such  vessel  tion,  2001. 
was  liable  to  the  performance  of  quarantine,  or  without  requir- 
mg  and  receiving  such  paper  as  aforesaid,  unless  compelled 
thereto  by  stress  of  weather,  adverse  winds,  or  accidents  of 
the  sea,  such  pilot  shall  for  every  such  offence  forfeit  and 
pay  the  sum  of  two  hundred  pounds. 

13.  And   be   it  further  enacted.  That  if  any  pilot  being  Pilot  to  bring 

11  J  i.  i.1  -1        •        to  at  request 

on  board,  or  any  commander,  master,  or  other  person  having  ^f  officer  of 

the  charge  of  any  vessel  coming  from  foreign  parts,  whether  Customs,  on 
such  vessel  shall  be  liable  to  quarantine  or  not,  shall  be  100/. 
required  by  any  officer  of  the  Customs,  authorised  to  act  in 
the  service  of  quarantine,  to  bring  to  such  vessel,  to  the 
end  that  the  commander,  master,  or  other  person  having  the 
charge  thereof  may  be  interrogated,  according  to  the  pro- 
visions of  this  Act,  and  shall  neglect  or  refuse  to  bring  to 
such  vessel,  as  soon  as  it  can  be  done  with  safety,  in  obe- 
dience to  such  requisition,  every  such  pilot,  commander, 
master,  or  other  person  having  the  charge  of  any  such 
vessel,  shall  for  every  such  offence  forfeit  and  pay  the  sum 
of  one  hundred  pounds. 

14.  And  to  the  end  that  it  may  be  better  known  whether  For  better 
any  vessel  be  actually   infected  with  the  plague   or  other  ^^^gj'^g'""gf_ 
infectious  disease  or  distemper  as  aforesaid,  or  whether  such  ^^'^  ^^  ^^- 

-,  ,  .  .  ,  tually  in- 

vessel,  or  the  manners  or  passengers  commg,  or  the  cargo  fected,  or tbe 
imported  in    the  same,  are  liable    to  any    Orders  touching  boardTiaWe 
quarantine  ;  be  it  further  enacted,  That  when  any  country  J°  "rders 
or  place  shall  be  known  or  suspected  to  be  infected  with  quarantine. 
the  plague  or  other  infectiovis  disease  or  distemper  as  afore- 
said,  or  when  any  Order  or  Orders  shall  be  made  by  His 
Majesty  in  Council  concerning  quarantine  and  the  prevention 
of  infection   as  aforesaid,  then   and  in  such  case,  as   often 
as  any  vessel  shall  attempt  to  enter  into  any  port  or  place 
in  the  United  Kingdom,  or  of  the  isles  of  Guernsey,  Jersey, 
Alderney,  Sark,  or  Man,  whether  such  port  shall  have  been 
appointed   for  the  performance  of   quarantine  or   not,  the 
superintendent  or  assistant  at  such  port  or  place,  or  if  not 
the  principal  officer  of  His  Majesty's  Customs   at  such  port 
or   place,   or    such  officer  of  the  Customs  as   shall  be   au- 
thorised to  act  in  that  behalf,  shall  go  off"  to  such  vessel,  and 
shall,  at  a  convenient  distance  from  such  vessel,  demand  of 
the  commander,  master,  or  other  person  having  charge  of 
such  vessel,  and  such  commander,  master,  or  other  person 


406  APPENDIX. — SECTION   V. 

shall,  upon  such  demand,  give  a  true  answer  iu  writing  or 
otherwise,  and  upon  oath  or   not  upon  oath,  according  as 
he  shall  by  such  superintendent  or  his  assistant,  or  other 
officer  of  the  Customs  authorised  as  aforesaid  be  required, 
to  all  such  questions  or  interrogatories  as  shall  be  put  to 
him  by  virtue  and  in  pursuance  of  such  regulations  and  direc- 
tions as  His  Majesty  by   Order  in  Council  shall  be  pleased 
Masters  of    to  prescribe  ;  and  in  case  svich  commander,  or  master,  or  other 
fusTug^to  an- person  having  charge  of  such  vessel  shall,  upon   such  de- 
swer  inter-    iy,and  made  as  aforesaid,  refuse  to  make  a  true  discovery  in 

rogatories,  '  •' 

etc.,  to  for-  any  of  the  particulars  concerning  which  he  shall  be  inter- 
feit  200/.  .  . 

rogated  in    manner  aforesaid,   or  in  case  he   shall  ifot  be 
required  to  answer  such  questions  or  interrogatories  upon 
oath,  shall  give  a  false  answer  to  any  such  question  or  inter- 
rogatory as    aforesaid,    such  commander,   master,  or  other 
person  having  charge  of  such  vessel  for  every  such  offence 
shall  forfeit  and  pay  the  sum  of  two  hundred  pounds. 
Vessels  sub-      15.  And  be  it  further  enacted.  That  in  case  it  shall  appear 
rantine'^ar-    upon  such  examination  or  otherwise,  that  such  vessel  is  under 
"orTthan^"^  such  circumstanccs  as  shall  render  it  liable  to  perform  qixaran- 

thatat  which  tine,  and  that  the  port  or  place  where  it  so  arrived,  or  at  which 
it  ought  to      .  „  .  -    .  ,  , 

be  perform-  it  attempts  to  enter  as  aforesaid,  is  not  the  port  or  place  where 
forcecTi^o  ^    it  ought  to  perform  quarantine,  in  which  case  it  shall  and  may 

repair  to  the  \^q  lawful  to  and  for  the  officers  of  any  of  His  Majesty's  ships 
appointed  '  j        ./  j. 

place.  of  war,  or  of  any  of  His  Majesty's  forts  or  garrisons,  and  all 

other  His  Majesty's  officers, upon  notice  thereof  given  to  them, 
or  any  of  them  respectively,  and  to  and  for  any  other  person  or 
persons  whom  they  shall  call  to  their  aid  and  assistance,  and 
such  officers  and  other  persons  are  hereby  required  to  oblige 
such  vessel  to  go  and  repair  to  such  place  as  hath  been  or 
shall  be  appointed  for  performance  of  quarantine,  and  to  use 
all  necessary  means  for  that  purpose,  either  by  firing  of  guns 
upon  such  vessel,  or  by  any  other  kind  of  necessary  force 
whatsoever ;  and  in  case  any  such  vessel  shall  come  from,  or 
shall  have  touched  at  any  place  infected  by  the  plague  or 
such  other  infectious  disease  or  distemper  as  aforesaid,  or 
shall  have  any  person  on  board  actually  infected  with  the 
plague  or  other  such  infectious  disease  or  distemper  as  afore- 
Mastersof  said,  and  the  commander,  master,  or  other  person  having 
have^ touch-  charge  of  such  vessel,  knowing  that  the  place  from  whence 
ed  at  infect-  j^g  came,  or  at  which  he  had  touched  as  aforesaid,  was  infected 

eil  places,  '  .... 

etc.,  omit-     with  the  plague  or  such  other  infectious  disease  or  distemper, 
close  the       or  knowing  some  person  on  board  to  be  actually  infected  with 

same,  or 


APPENDIX. — SECTION   V.  407 

the  plague  or  such  other  infectious  disease  or  distemper  as  omitting  to 

aforesaid,  shall  refuse  or  omit  to  disclose  the  same  upon  such  prefcriifed 

examination  as  aforesaid,  or  shall  wilfully  omit  to  hoist  thc^'S"^'' '"  , 

•'  lorfeit  300;. 

signal  hereinbefore  directed,  to  denote  that  his  vessel  is  liable 

to  the  performance  of  quarantine,  at  the  times  and  on  the 
occasions  herein  directed  with  respect  to  the  same,  such  com- 
mander, master,  or  other  person  having  charge  of  such  vessel 
shall  forfeit  the  sum  of  three  hundred  pounds. 

16.  And  be  it  further  enacted.   That  every  commander,  Command- 
master,  or  other  person  having  charge  of  any  vessel  which  y"  ^"j^g^^^^"^ 
maybe  ordered  to  perform  quarantine  as  aforesaid,  shall  forth-  iieaiih,  ma- 

.,„,..,,  nifests,  and 

With,  after  his  arrival  at  the  place  appointed  for  the  perform^  log  boak.  to 
ance  of  quarantine,  deliver  on  demand  to  the  superintendent  of  tendem^f*'' 
quarantine  or  his  assistant,  or  other  officer  of  the  Customs,  Qiiarantine, 

^  _  'on  penalty 

authorised  to  act  in  that  behalf,  and  which  superintendent,  of  loo'- 
assistant,  or  other  officer  as  aforesaid  is  hereby  required  to 
make  such  demand,  his  bill  of  health  and  manifest,  together 
with  his  log  book  and  journal,  under  pain  of  forfeiting  the 
sum  of  one  hundred  pounds  if  he  shall  wilfully  refuse  or 
neglect  so  to  do. 

17.  And  be  it  further  enacted.  That  if  any   commander.  Penalty  on 

master,  or  other  person  having  charge  of  any  vessel  liable  to  quTttm*'^  ve's- 

perform  quarantine,  and  on  board  of  which  the  plague  or  ^^is,  or  per- 
^  ^  _  r     o  mitting  per- 

other  infectious   disease  or  distemper  shall  not  then  have  sons  to  quit 

appeared,  shall  himself  quit,  or  shall  knowingly  permit  or  conveying 

suffer  any  seaman  or  passenger  coming  in  such  vessel  to  quit  af/po'^inte^'^^ 

such  vessel  by  going  on  shore,  or  by  going  on  board  any  other  places,  iooi. 

vessel  or  boat,   before  such  quarantine  shall  be  fully  per^- 

formed,  unless  by  such  licence  as  shall  be  granted  by  virtue 

of  any  Order  in  Council  to  be  made  concerning  quarantine  as 

aforesaid,  or  in  case  any  commander  or  other  person  having 

charge  of  such  vessel  shall  not,    within  a  convenient  time 

after  due  notice  given  for  that  purpose,  cause  such  vessel  and 

the  lading  thereof  to  be  conveyed  into  the  place  or  places 

appointed  for  such  vessel  and  lading  to  perform  quarantine  ;  Penalty  on 

then  and  in  every  such  case  every  such  commander,  Piaster,  P^^^""*jjj 

or  other  person  as  aforesaid,  for  every  such  offence  shall  for- such  vessels, 

feit  and  pay  the  sum  of  four  hundred  pounds  ;  and  if  any  board,  and 

such  person  coming  in  any  such  vessel  liable  to  quarantine  thembefore 

(or  any  pilot  or  other  person  going  on  board  the  same,  either  fro^''^'^^®'^ 

before  or  after  the  arrival  of  such  vessel  at  any  port  or  place  rantine,  to 

in  the  United  Kingdom,  or  the  Islands  aforesaid),  shall,  either  sonment  tor 

before  or  after  such  arrival,  quit  such  vessel,  unless  by  such  andforfeW' 

300^. 


intercourse 
with  them. 


408  APPENDIX. SECTION    V. 

licence  as  aforesaid,  by  going  on  shore  in  any  port  or  place 
in  the  United  Kingdom,  or  the  Islands  aforesaid,  or  bj"^  going 
on  board  any  other  vessel  or  boat,  with  intent  to  go  on  shore 
as  aforesaid,  before  such  vessel  so  liable  to  quarantine  as 
aforesaid  shall  be  regularly  discharged  from  the  performance 
thereof,  it  shall  and  may  be  lawful  for  any  person  whatsoever, 
by  any  kind  of  necessary  force,  to  compel  such  pilot  or  other 
person  so  quitting  such  vessel  so  liable  to  quarantine  to  re- 
turn on  board  the  same  ;  and  every  such  pilot  or  other  person 
so  quitting  such  vessel  so  liable  to  quarantine  shall  for  every 
such  offence  suffer  imprisonment  for  the  space  of  six  months, 
and  shall  forfeit  and  pay  the  sum  of  three  hundred  pounds. 
For  punish-       18.  And  whereas  disobedience  or  refractory  behaviour  in 
dience  <ir  re- persons  under  quarantine   or  liable  to  the  performance  of 
hav^ioar  irT    quarantine,  or  in  other  persons  who  may  have  had  any  inter- 
persons  un-   course  or  Communication  with  them,  may  be  attended  with 

tier  or  liable  i        •      n       i 

toquaran-  very  great  danger  to  His  Majesty  s  subjects;  be  it  further 
son's  having  enacted.  That  all  persons  liable  to  perform  quarantine,  and 
all  persons  having  had  any  intercourse  or  communication 
with  them,  Avhether  in  vessels  or  in  a  lazaret  or  elsewhere, 
shall  be  subject  during  the  said  quarantine,  or  during  the 
time  they  shall  be  liable  to  quarantine,  to  such  orders  as  they 
shall  receive  from  the  superintendent  of  quarantine,  or  his 
assistant,  or  from  the  principal  officer  of  the  Customs  at  any 
port  or  place  where  there  is  no  such  superintendent  or 
assistant,  or  from  any  other  officer  of  the  Customs  authorised 
to  act  in  that  behalf,  and  the  said  officers  are  hereby  em- 
powered and  required  to  enforce  all  necessary  obedience  to 
the  said  ordei-s,  and  in  case  of  necessity  to  call  in  others  to 
their  assistance,  and  all  persons  so  called  in  are  hereby  re- 
quired to  assist  accordingljr ;  and  such  officers  shall  and  they 
are  hereby  empowered  and  required  to  compel  all  persons 
liable  to  perform  quarantine  as  aforesaid,  and  persons  having 
had  any  intercourse  or  communication  with  them,  to  repair 
to  such  lazaret,  A'essel,  or  place,  and  to  cause  all  goods, 
wares,  and  merchandise,  and  other  articles  comprised  within 
any  such  orders  to  be  made  as  last  aforesaid,  to  be  conveyed 
to  such  lazaret,  vessel,  or  place  duly  appointed  in  that  behalf, 
in  such  manner  and  according  to  such  directions  as  shall  be 
made  by  Order  of  His  Majesty  in  Council  as  aforesaid,  or  of 
the  Lords  or  others  of  the  Privy  Covincil,  or  of  any  two  or 
more  of  them ;  and  if  any  person  or  persons  liable  to  per- 
form  quarantine   as    aforesaid,  or   any   person    or   persons 


APPENDIX. SECTION    V.  409 

having  had  any  intercourse  or  commnnication  with  him,  her, 
or  them,  shall  wilfully  refuse  or  neglect  to  repair  forthwith, 
when  required  and  directed  so  to  do  by  such  officers  as  afore- 
said, to  the  said  lazaret,  vessel,  or  place  duly  appointed  In 
that  behalf,  or  having  been  placed  in  the  said  lazaret,  vessel, 
or  place,  shall  escape  or  attempt  to  escape  out  of  the  same 
before  quarantine  duly  performed,  it  shall  and  may  be  lawful 
to  and  for  the  said  quarantine  officers,  and  also  the  watch- 
men and  other  persons  appointed  to  see  quarantine  performed, 
and  each  of  them,  and  they  are  hereby  respectively  required, 
by  such  necessary  force  as  the  case  shall  require,  to  compel 
every  such  person  so  refusing  or  neglecting  as  aforesaid,  and 
every  such  person  so  escaping  or  attempting  to  escape  as 
aforesaid,  to  repair  or  return  to  such  lazaret,  vessel,  or  place 
so  appointed  as  aforesaid  ;  and  every  person  so  refusing  or  Persons  re- 
neglecting  to  repair  forthwith  as  aforesaid  to  the  said  lazaret,  repair  to  the 
vessel,  or  place,  and  also  every  person  actually  escaping  as  \^'^^^^  "^ 
aforesaid,  shall  forfeit  the  penalty  of  two  hundred  pounds,     forfeit  2001. 

19.  And  be  it  further  enacted,  That  it  shall  be  lawful  for  Persons 
any  constable,  headborough,  tithingraan,  or  other  peace  offi-  seTs  ilabie*^^ 
cer,  or  any  other  person,  to  seize   and  apprehend  any  per- '°,^'^^^°j™ 

son  that  shall,  contrarv  to  the  provisions  of  this  Act,  have  '^'''•'  "^^V  be 
■^  seized. 

quitted  or  come  on  shore  from  any  vessel  liable  to  perform 
quarantine,  or  who  shall  have  escaped  from  or  quitted  any 
vessel  under  quarantine,  or  from  any  lazaret,  vessel,  or  place 
appointed  in  that  behalf,  for  the  purpose  of  carrying  such 
person  before  any  Justice  of  the  Peace  or  Magistrate;  and  it 
shall  be  lawful  for  any  such  Justice  of  the  Peace  or  Magis- 
trate to  grant  his  warrant  for  the  apprehending  and  convey- 
ing of  any  such  person  to  the  vessel  from  which  he  or  she 
shall  have  come  on  shore,  or  to  any  vessel  performing  qua- 
rantine, or  lazaret,  from  which  he  or  she  shall  have  escaped, 
or  for  the  confining  of  any  such  person  in  any  such  place  of 
safe  custody  (not  being  a  public  gaol),  and  under  such  re- 
strictions as  to  having  any  communication  with  any  other 
persons  as  may  in  the  discretion  of  any  Justice  of  the  Peace 
or  Magistrate  (calling  to  his  aid,  if  he  shall  see  fit,  any  medi- 
cal person)  appear  to  be  proper,  until  such  person  can  be 
safely  and  securely  conveyed  to  some  place  appointed  for 
the  performance  of  quarantine,  or  until  directions  can  be  ob- 
tained from  the  Privy  Council  as  to  the  disposal  of  any  such 
I  person,  and  to  make  any  further  order,  or  grant  any  further 
warrant  that  may  be  necessary  in  that  behalf. 

3  o 


410  APPENDIX. — SECTION   V. 

Intercourse       20.  And  whereas  it  may  be  necessary  for  the  public  se- 
aiiotted  for    curlty  to  prevent  all  commnnication  whatever  with  vessels 
o"v"seis^    performing  quarantine,  be  it  further  enacted,  That  it  shall 
may  be  pro-  and  may  be  lawful  to  and  for  His  Majesty,  his  heirs  or  suc- 
Order  in       cessors,  by  his  or  their  Order  or  Orders  in  Council,  notified 
""""^  ■        by  proclamation,  or  published  in  the  London  Gazette,  to  pro- 
hibit all  persons,  vessels,  and  boats  whatsoever,  from  going, 
under  any  pretence  whatsoever,  within  the  limits  of  any  sta- 
tion which,  by  any  Order  or  Orders  in  Council  as  aforesaid, 
has  been  or  may  be  assigned  for  the  performance  of  quaran- 
tine ;  and  if  any  person  whatsoever,  after  such  notification 
or  publication  of  any  such  Order  or  Orders  in  Council,  shall 
presume,  under  any  pretence  whatsoever,  to  go  with  any 
vessel  or  boat  within  the  limits  of  any  such  station,  he  or 
she  shall  for  every  such  offence  forfeit  and  pay  the  sum  of 
tAVO  hundred  pounds. 
Penalty  on        21.  And  be  it  further  enacted.  That  if  any  officer  of  His 
bezziing       Majesty's  Customs,  or  any  other  officer  or  person  whatso- 
formine^''    ever,  to  whom  it  doth  or  shall  appertain  to  execute  any  Order 
quarantine,  qj.  Orders  made  or  to  be  made  concerning  quarantine,  or  the 

ncslcctinsf 

or  deserting  prevention  of  infection,  and  notified  as  aforesaid,  or  to  see 
or  permit-'    the  same  put  in  execution,  shall  knoAvingly  and  wilfully  em- 
tingpersons,  ^^gj-gle  any  goods   or  articles  performing  quarantine,  or  be 
to  depart      guilty  of  any  other  breach  or  neglect  of  his  duty  in  respect 
thority,  or     of  the  vcsscls,  pcrsons,  goods,  or  articles  performing  quaran- 
certificater  ^^ae,  Bvery  such  officer  or  person  so  offending  shall  forfeit 
or  damaging  such  office  Or  employment  as  he  may  be  possessed  of,  and 
shall  become  from  thence  incapable  to  hold  or  enjoy  the 
same,  or  to  take  a  new  grant  thereof;  and  every  such  officer 
and  person  shall  forfeit  and  pay  the  sum  of  two  hundred 
pounds ;  and  if  any  such  officer  or  person  shall  desert  from 
his  duty  when  employed  as  aforesaid,  or  shall  knowingly 
and  willingly  permit  any  person,  vessel,  goods,  or  merchan- 
dise to  depart  or  be  conveyed  out  of  the  said  lazaret,  vessel, 
or  other  place  as  aforesaid,  unless  by  permission  under  an 
Order  of  His  Majesty,  by  and  with  the  advice  of  his  Privy 
Council,   or  under  an  Order  of  two  or  more  of  the  Lords  or 
others  of  his  Privy  Council ;  or  if  any  person  hereby  au- 
thorised and  directed  to  give  a  certificate  of  a  vessel  having 
duly  performed  quarantine  or  airing,  shall  knowingly  give  a 
false  certificate  thereof,  every  such  person  so  offending  shall 
be  guilty  of  felony,    and  if  any  such  officer  or  person  shall 
knowingly  or  wilfully  damage  any  goods  performing  quaran- 


APPENDIX. SECTION    V.  411 

tine  imder  his  direction,  be  shall  be  liable  to  pay  one  hun- 
dred pounds  damages  and  full  costs  of  suit  to  the  owner  of 
the  same. 

22.  And  be  it  further  enacted,  That  if  any  vessel  arriving  Vessels  fiom 
from  the  Mediterranean,  or  from  any  port  in  Turkey  or  ranelnf ''"' 
Africa,  shall  have  undergone  examination  by  the  proper  oflfi-  Ti?''^^^'  °'' 

„  .  J  f      f  Africa,  hav- 

cer  01  quarantine,  and  upon  a  report  of  such  examination  ing  under- 
being  made  to  the  Lords  or  others  of  His  Majesty's  Privy  fation^aJ^*' 
Council,  their  lordships  shall  think  proper  to  direct  the  re-  from'^qua- 
lease  of  such  vessel  from  the  performance  of  quarantine,  it  ''antine,  to 
shall  be  lawful  for  such  officer,  and  he  is  hereby  required  to  to  entry 
grant  to  the  master  or  person  having  the  charge  or  command  ducing  a°cer- 

of  such  vessel,  a  certificate  in  writing  of  such  examination  ^'^"^^  °^  . 

°  such  exami- 

and  release,  and  upon  the  production  of  such  certificate  to  nation. 

the  collector  or  principal  officer  of  His  Majesty's  Customs, 
at  any  port  in  the  United  Kingdom,  such  vessel  shall  be  ad- 
mitted to  entry  without  being  liable  to  any  further  restraint. 

23.  And  be  it  further  enacted,  That  after  quarantine  shall  After  proof 
have  been  duly  performed  by  any  vessel,  person  or  persons  an?e  o^f  ™a- 
obliged  to  perform  quarantine  as  aforesaid,  according  to  this  ""antine,  and 

"  proper  certi- 

Act,  and  to  such  Order  or  Orders  made  as  aforesaid,  and  ^cate  to  that 
upon  proof  to  be  made  by  the  oaths  of  the  master  or  other  Lrs^'orptr- 
person  having  charge  of  such  vessel,  and  of  three  or  more  of ',ot'bf  ifable 
the  persons  belonging  thereto,  or  upon  proof  to  be  made  by  *°  further 
the  oaths  of  two  or  more  credible  witnesses,  before  the  col- 
lector or  principal  officer  of  the  Customs  at  the  port  where 
such  quarantine  shall  be  performed,  or  at  the  port  nearest 
thereto,  or  before  the  superintendent  of  quarantine,  or  his 
assistant  at  the  quarantine  station,  or  before  any  Justice  of 
the  Peace  living  near  to  the  port  or  place    or  when  such 
quarantine  shall  have  been  performed  within  any  of  the  said 
isles  of  Guernsey,  Jersey,  Alderney,  Sark,  or  Man,  before 
any  two  Jurats  or  Magistrates  of  any  of  the  said  isles  re- 
spectively, that  such  vessel,  and  all  and  every  such  person 
and  persons  respectively,  have  duly  performed  quarantine  as 
aforesaid,  and  that  the  vessel  and  all  and  every  person  and 
persons  are  free  from  infection,  and  after  producing  a  certifi- 
cate to  that  purpose,  signed  by  the  chief  officer,  who  super- 
intended the  quarantine  of  the  said  vessel,  or  person  acting 
for  him,  then  and  in  the  said  respective  cases,  such  collector 
or  principal  officer  of  the  Customs,  or  the  superintendent  of 
quarantine,  or  his  assistant,  or  such  Justice  of  the  Peace,  or 
such  Jurats  or  Magistrates  as  aforesaid,  respectively,   are 


412 


APPENDIX. SECTION    V. 


Goods  liable 
to  perform 
quarantine 
shall  be 
opened  and 
aired,  as 
directed  by 
Order  in 
Council,  and 
projf thereof 
to  be  made, 
etc. 


Persons 
forging  or 
uttering 
false  certifi- 
cates re- 
quired by 
Order  iu 
Council, 
guilty  of 
felony. 


hereby  required  to  give  a  certificate  thereof,  and  thereupon 
such  vessel,  and  all  and  every  such  person  or  persons  so 
having  performed  quarantine,  shall  be  liable  to  no  further 
restraint  or  detention  upon  the  same  account,  for  which  such 
vessel,  person,  or  persons,  shall  have  performed  quarantine 
as  aforesaid. 

24.  And  be  it  further  enacted,  That  all  goods,  wares,  and 
merchandise,  and  other  articles  liable  to  quarantine  as  afore- 
said, shall  be  opened  and  aired  in  such  place  or  places,  and 
for  such  time  and  in  such  manner  as  shall  be  directed  by 
His  Majesty,  his  heirs  and  successors,  by  such  Order  or 
Orders  to  be  made  as  aforesaid,  and  after  such  Orders  shall 
have  been  duly  complied  with,  proof  thereof  shall  be  made 
by  the  oaths  of  the  master  of  the  lazaret  or  vessel  in  which 
the  goods,  wares,  and  merchandise,  and  all  other  articles 
shall  have  been  opened  and  aired,  and  of  one  of  the 
guardians,  or  if  there  be  no  guardians,  then  one  of  the 
officers  authorised  by  the  Commissioners  of  Customs  to 
act  in  the  service  of  quarantine  in  such  lazaret  or  vessel,  or 
if  there  be  no  such  oflBcer,  then  by  the  oaths  of  two  or  more 
credible  witnesses  serving  in  the  said  lazaret  or  vessel, 
before  the  superintendent  of  quarantine  or  his  assistant,  in 
case  such  opening  and  airing  shall  be  had  at  a  port  or 
place  where  such  superintendent  or  assistant  shall  be 
established,  or  otherwise  before  the  principal  officer  of  the 
Customs  authorised  to  act  in  the  service  of  quarantine  at 
such  port  or  place,  which  oath  such  superintendent,  as- 
sistant, or  principal  officer,  is  hereby  authorised  to  admi- 
nister ;  and  such  superintendent,  assistant,  or  principal 
officer,  as  the  case  may  be,  shall  grant  a  certificate  of  such 
proof  having  been  made,  and  upon  production  of  such  cer- 
tificate to  the  proper  officer  of  the  Customs,  such  goods, 
wares,  and  merchandises,  and  other  articles,  shall  be  liable 
to  no  further  restraint  or  detention,  either  at  the  port  or 
place  where  such  quarantine  shall  have  been  performed, 
or  at  any  other  place  whereto  they  be  afterwards  conveyed. 

25.  And  be  it  further  enacted,  That  if  any  person  shall 
knowingly  or  wilfully  forge  or  counterfeit,  interline,  erase, 
or  alter,  or  procure  to  be  forged  or  counterfeited,  inter- 
lined, erased,  or  altered,  any  certificate  directed  or  required 
to  be  granted  by  any  Order  of  His  Majesty,  his  heirs,  or  suc- 
cessors, in  Council,  now  in  force  or  hereafter  to  be  made 
touching  quarantine,  or  shall  publish  any  such   forged  or 


APPENDIX. — SECTION   V.  .  413 

counterfeited,  interlined,  erased,  or  altered  certificate, 
knowing  the  same  to  be  forged  or  counterfeited,  interlined, 
erased,  or  altered,  or  shall  knowingly  and  wilfully  utter  and 
publish  any  such  certificate  with  intent  to  obtain  the  effect 
of  a  true  certificate  to  be  given  thereto,  knowing  the  con- 
tents of  such  certificate  to  be  false,  he  or  she  shall  be  guilty 
of  felony. 

26.  And  be  it  further  enacted,  That  if  any  person  shall  Penalty  on 
land  or  unship,  or  shall  move  in  order  to  the  landing  or  un-  landing 
shipping  thereof,  any  goods,  wares,  or  merchandise,  packets,  from^vesseis 
packages,  baggage,  wearing  apparel,  books,  letters,  or  other  I'^bie  to  per- 
articles  from  on  board  any  vessel  liable  to  perform  quaran-  tine,  or  re- 
tine  as  aforesaid,  or  shall  knowingly  receive  the  same  after  orWc'retin^g* 
they  have  been  so  landed  or  unshipped,  every  such  person  them  from 

shall  forfeit  and  pay  the  sum  of  five  hundred  pounds;  and  if  forming; 

T     ,,     ,        ,      ^.      ,  quarantine, 

any  person  or  persons  shall  clandestinely  convey  or  secrete,  looi. 
or  conceal  for  the  purpose  of  conveying  any  letters,  goods, 
wares,  or  merchandise,  or  other  articles  as  aforesaid,  from 
any  vessel  actually  performing  quarantine,  or  from  the  laza- 
ret or  other  place  where  such  goods,  wares,  merchandise,  or 
other  articles,  as  aforesaid  shall  be  performing  quarantine, 
every  such  person  so  offending  as  last  aforesaid  shall  forfeit 
the  sum  of  one  hundred  pounds. 

27.  And  be  it  further  enacted.  That  in  case  it  shall  at  any  His  Majesty 
time  happen  that  any  part  of  the  United  Kingdom,  or  the  cases  may 
islands   of  Guernsey,  Jersey,  Alderney,   Sark,  or  Man,    or  ^gj^'^^'^g^'^' 
France,  Spain,  or  Portugal,  or  the  Low  Countries,  shall  be  loo  tons 

■     n  1-11  ^  1  ■    p       ■  T  from  sailing 

infected  With  the  plague,  or  other  infectious  disease  or  dis- until  bond 

temper  as  aforesaid,  it  shall  and  may  be  lawful  to  and  for  the^master^ 

His  Maiesty,  his  heirs  and  successors,  by  his  or  their  pro-^"'^.':?'^*^"^ 
■'       •'  .  cohditions. 

clamation,  to  prohibit  or  restrain  all  vessels  and  boats  under 
the  burthen  of  one  hundred  tons  from  sailing  or  passing  out 
of  any  port  or  place  of  the  United  Kingdom,  or  the  isles  of 
Guernsey,  Jersey,  Alderney,  Sark,  or  Man,  or  any  of  them, 
until  security  be  first  given  by  the  master  of  every  such  ves- 
sel or  boat  respectively,  to  the  satisfaction  of  the  principal 
officers  of  the  Customs,  or  the  Chief  Magistrate  of  the  port 
or  place  from  whence  such  vessel  or  boat  shall  sail,  by  bond 
taken  by  such  officer  or  Magistrate,  to  the  King,  his  heirs 
or  successors,  with  sufficient  sureties  in  the  penalty  of  two 
hundred  pounds,  with  condition,  that  if  such  vessel  or  boat 
shall  not  go  to  or  touch  at  any  country,  port,  or  place,  to  be 


414 


APPENDIX. — SECTION   V. 


Penalty  for 
sailing  with- 
out giving 
such  secu- 
rity, forfei- 
ture of  ves- 
sel, etc. 


Power  to 

Consuls, 
etc.,  to  ad- 
minister 
oaths. 


Persons  au- 
thorised to 
take  exami- 
nations may 
administer 
oaths,  and 
persons 
swearing 
falsely,  or 
procuring 
others  so  to 
do,  shall 
be  deemed 
guilty  of 
perjury. 


mentioned  for  that  piirpose  in  such  proclamation;  and  if 
neither  the  master  or  other  person  having  charge  of  such 
vessel  or  boat,  nor  any  mariner  or  passenger  in  such  vessel 
or  boat  shall,  during  the  time  aforesaid,  go  on  board  any 
other  vessel  at  sea,  and  such  master  or  other  person  having 
charge  of  such  vessel  or  boat  shall  not  permit  or  suffer  any 
person  or  persons  to  come  on  board  such  vessel  or  boat  at 
sea  from  any  other  vessel,  and  shall  not,  during  the  time 
aforesaid,  receive  any  goods  or  merchandise  whatsoever  out 
of  any  other  vessel,  then  such  bond  shall  be  void;  for  the 
making  of  which  bond  no  fee  or  reward  whatsoever  shall  be 
taken;  and  in  case  any  vessel  or  boat  for  which  such  security 
shall  be  required  by  such  proclamation,  shall  set  sail  or  pass 
out  of  any  port  or  place  of  the  United  Kingdom,  or  the 
islands  of  Guernsey,  Jersey,  Alderney,  Sark,  or  Man,  or  any 
of  them  respectively,  before  security  be  given  as  aforesaid, 
every  such  vessel  or  boat  so  sailuig  or  passing  out  of  any 
port  or  place  contrary  to  the  true  intent  and  meaning  of  this 
Act,  together  with  her  tackle,  apparel,  and  furniture,  shall 
be  forfeited  to  His  Majesty,  his  heirs  and  successors,  and 
the  master  of,  and  every  mariner  sailing  in  such  vessel  or 
boat,  shall  severally  forfeit  and  pay  the  sum  of  two  hundred 
pounds. 

28.  And  be  it  further  enacted.  That  the  Consuls  and  Vice- 
Consuls  of  His  Majesty,  his  heirs  and  successors,  shall  and 
are  hereby  empowered  to  administer  oaths  in  all  cases  re- 
specting quarantine,  in  like  manner  as  if  they  were  Magi- 
strates, of  the  several  towns  or  places  where  they  respectively 
reside. 

29.  And  be  it  further  enacted,  That  in  all  cases  wherein 
by  virtue  of  this  Act,  or  any  other  Act  hereafter  to  be  made 
touching  quarantine,  any  examination  or  answer  shall  be 
taken  or  made  upon  oath,  the  person  who  shall  be  authorised 
and  required  to  take  such  examinations  and  answers,  shall 
and  may  be  deemed  to  have  full  power  and  authority  to  ad- 
minister such  oaths;  and  if  any  person  who  shall  be  interro- 
gated or  examined  shall  wilfully  swear  falsely  to  any  matter 
concerning  which  such  person  shall  depose  or  make  oath  on 
such  examination,  or  in  such  answer,  or  if  any  person  shall 
procure  any  other  person  so  to  do,  he  or  she  so  swearing  falsely, 
or  procuring  any  other  person  so  to  do,  shall  be  deemed  to 
having  been  guilty  of,  and  shall  be  liable  to  be  prosecuted 


APPENDIX. SECTION   V.  '  415 

for  perjury,  or  subornation  of  perjury,  as  the  case  may  be, 
and  shall  suffer  the  pains,  penalties,  and  punishments  of  the 
law  in  such  case  respectively  made  and  provided. 

30.  And  be  it  further  enacted,  That  all  superintendents  of  Superinten- 
quarantine  at  the  several  ports,  and  their  assistants,  shall  ports  to  be 
and  may  be  appointed  by  any  instrument  signed  by  the  Com-  appointed, 
missioners  of  Customs  for  the  time  being;    and  everything  Principal 
required  to  be  done  and  performed  by  the  superintendent  of  customs  to* 
quarantine,  or  his  assistant,  may,  in  the  case  of  the  absence  f'^*  as  super- 
or  sickness  of  such  superintendent  or  assistant,  be  done  and  quarantine 
performed  by  such  principal  officers  of  the  Customs  as  shall  sence,  etc. 
be  authoi'ised  to  act  in  that  behalf. 

31.  And  be  it  further  enacted.  That  the  publication  in  the  Publication 
London  Gazette  of  any  Order  in  Council,  or  of  any  Order  by  do,,  Gazette 
any  two  or  more  of  the  Lords  or  others  of  His  Majesty's  ^^J^^^^j'^gj"^ 
Privy  Council,  made  in  pursuance  of  this  Act,  or  His  Majes- sufficient 
ty's  Royal  Proclamation  made  in  pursuance  of  the  same, 

shall  be  deemed  and  taken  to  be  sufficient  notice  to  all  per- 
sons concerned  of  all  matters  therein  respectively  contained. 

32.  And  be  it  further   enacted,   That  all  forfeitures  and  Recovery 
penalties   that  shall  be   incurred  by  reason  of  any  offence  tion  of 
committed  against  this  Act  shall  and  may  be  recovered  by  P^"^^''^*- 
suit  in  any  of  His  Majesty's  Courts  of  Record  in  England  or 
Ireland,  in  Avhich  no  essoign  or  wager  of  law,  or  more  than 

one  imparlance  shall  be  granted;  or  in  Scotland  by  summary 
action  in  the  Court  of  Session,  or  by  prosecution  before  the 
Court  of  Justiciary  there,  or  by  suit  in  any  of  His  Majesty's 
Courts  in  the  islands  of  Guernsey,  Jersey,  Alderney,  Sark, 
or  Man ;  and  every  such  forfeiture  and  penalty  shall  belong 
and  be  given,  two-thirds  to  the  person  who  shall  inform  and 
sue  for  the  same,  and  the  remainder  to  His  Majesty,  his  heirs 
and  successors. 

33.  Provided  always,  and  be  it  further  enacted.  That  it  in  whose 

\.^^J.\^£^■\^  ij.  i     nameactions 

shall  not  be  lawful  for  any  person  or  persons  whatsoever  to  for  penalties 
commence,  prosecute,  enter,  or  file,  or  cause  or  procure  to  be  i"efami^or' 
commenced,  prosecuted,  entered,  or  filed,  any  action,  bill,  Scotland, 

.     „  .  .  '■  ■,  .„         1    .  mustbepro- 

plamt,  information,  or  prosecution,  or  actions,  bills,  plaints,  secuted. 
informations,  or  prosecutions  in  any  of  His  Majesty's  Courts 
in  England,  Ireland,  or  Scotland,  or  any  proceeding  or  pro- 
ceedings before  any  Justice  of  the  Peace  of  any  county,  rid- 
ing, division,  city,  town,  stewartry,  or  place,  for  the  recovery 
of  any  fine,  penalty,  or  forfeiture,  incurred  by  reason  of  any 
offence  committed  against  this  Act,  or  against  any  Order  or 


416  APPENDIX. — SECTION   V. 

Orders  made  by  His  Majesty,  his  heirs  or  successors,  in 
Council,  or  by  two  or  more  of  the  Lords  or  others  of  His 
Majesty's  Privy  Council  as  aforesaid,  unless  the  same  be 
commenced,  prosecuted,  entered,  or  filed  m  the  names  of  His 
Majesty's  Attorney-General  in  England  or  Ireland,  or  Advo- 
cate in  Scotland  respectively,  or  imder  the  direction  of  the 
Commissioners  of  the  Customs,  and  in  the  name  or  names  of 
some  officer  or  officers  of  the  Ciistoms  in  England,  Ireland, 
or  Scotland  respectively:  and  if  any  action,  bill,  plaint,  in- 
formation, or  prosecution,  actions,  bills,  plaints,  informations, 
or  prosecutions,  or  any  proceeding  or  proceedings  before  any 
Justice  as  aforesaid,  shall  be  commenced,  prosecuted,  entered, 
and  filed  in  the  name  or  names  of  any  other  person  or  per- 
sons than  is  in  that  behalf  before  mentioned,  the  same  shall 
be  and  are  hereby  declared  to  be  null  and  void. 
In  prosecu-  34.  Provided  also,  and  be  it  further  enacted.  That  in  case 
officer^'of  ^^y  prosecution,  suit,  complaint,  or  other  proceeding  as 
theCustoms,  aforesaid,  shall  be  commenced  or  depending  by  any  officer 

theAttorney-  j.  o       ./  ./ 

General  in  or  officers  of  the  Customs,  for  the  recovery  of  any  fine, 
irefand,  or"^  penalty,  or  foi'feiture,  fines,  penalties,  or  forfeitures,  in- 
Sclniand*  ^"  curred  by  reason  of  any  offence  committed  against  this  Act, 
may  stop       or  against  any  Order  or  Orders  made  by  His  Majestv,  his 

proceedings         .     ^  •'  •       <^  -i  u  x  "  e 

heirs  or  successors,  m  Council,  or  by  any  two   or  more   oi 
the  Lords  or  others  of  His  Majesty's  Privy  Council  as  afore- 
said, it  shall  and  may  be  lawful  for  His  Majesty's  Attorney- 
General  in  England  or  Ireland,    or   Advocate   in    Scotland, 
respectively,  to  stop  all  further  proceedings  therein,  as  well 
with  respect  to  the  share  of  such  fine,  penalty,  or  forfeiture, 
fines,  penalties,  or  forfeitures,  to  which  any  such  officer  or 
officers  shall  or  may  claim  to  be  entitled,  as  to  the  share 
thereof  belonging  to  his  Majesty,  if  upon  consideration  of 
the  circumstances  under  which  any  such   fine,  penalty,  or 
forfeiture,  fines,  penalties,  or  forfeitures,  may  be  incurred, 
it  shall  appear  to  them  respectively  to  be  fit  and  proper 
so  to  do. 
Offences  not      35.  And   be   it   further  enacted.    That   all  offences    com- 
and'offence^'  mitted  against  any  of  the  provisions  of  this  Act,  for  which 
specific'^^e""  ^°  specific  penalty,  forfeiture,  or  punishment  is  provided  by 
naity  is  pro-  this   Act,    shall  and  may  be  tried,  heard,   and  determined 

vided,  may 

be  deter-  before  any  three  Justices  of  the  Peace  of  the  county,  riding, 
th'i-ee  Jus-°'^^  division,  city,  or  place  where  such  offence  or  disobedience 
tices,  who     s}iall  happen  ;  and  if  any  person  shall  be  convicted  of  any 

may  fine  or  "'^       )  j  r  .' 

imprison,      such  offence  or  disobedience,  he  or  she  shall  be  liable  to 


APPENDIX. SECTION   V.  417 

such  forfeiture  and  penalty  not  exceeding  the  snm  of  five 

liundred  pounds  for  any  offence,  or  to  such   imprisonment, 

not  exceeding  twelve  months  for  any  one   offence,  as  shall 

in  the  discretion  of  the  three  justices  who  shall  have  heard 

and  determined  the  same,  be  judged  proper ;  and  such  for- Application 

fiiture  and  penalty  shall  be  paid,  two-thirds  to  the  person 

suing  for  the  same,  and  the  remainder  to  His  Majesty,  to  be 

applied  as  the  proceeds  of  other  forfeitures  and  penalties  are 

hereinbefore  directed  to  be  applied. 

36.  And  be  it  further  enacted,  That  in  any  prosecution,  Answers  of 
suit,  or  other  proceedings  against  any  person  or  persons  fnrt'h'e    *^' 
whatsoever,  for  any  offence   against  this   Act,   or  any  Act  charge  of 

•'  °  _  '  vessels  shall 

which  may  hereafter  be  passed  concerning  quarantine,  or  i^e  received 
i'or  any  breach  or  disobedience  of  any  Order  or  Orders  which  so  far  as  re- 
shall  be  made  by  His  Majesty,  his  heirs  or  successors,  with  p^^^pgg°^'^)}^ 

the  advice  of  his  Privy  Council,  concerning  qiiarantine  and  "'Wch  ves- 
"'       ,  .  sels  came  or 

the  prevention  of  infection,    and  notified   or  published  as  at  winch 

aforesaid,  or  of  any  Order  or  Orders  made  by  two  or  more  e/i^and'the 

of  the  Lords  or  others  of  the  Privy  Council  aforesaid,  the  JJ^^'JJ^^j^'jq" 

answer  or  answers  of  the  commander,  master,  or  other  person  perform  qua- 
rantine be 
having  charge  of  any  vessel,  to  any  question  or  mterro- received  as 

u  atories  put    to    him  by  virtue  and  in   pursuance  of  this  that  Teliseis 

Act,  or  of  any  Act  which  may  hereafter  be  passed  con- ^^[^^^'^'^'^'^jj. 

corning  quarantine,  or  of  any  such  Order  or  Orders  as  afore-  be  made  to 

said,  may  and  shall  be  given  and  received  as  evidence,  so  and  the  per- 

f'ar  as  the  same  relates  or  relate  to  the  place  from  which  q°ul?antine 

such  vessel  shall  come,  or  to  the  place  or   places  at  which  *^>^''  *>? 

'■  ^  proof  of  veB- 

such  vessel  touched  in  the  course  of  the  voyage,  and  where  sei's  being 
any  vessel  shall  have  been  directed  to  perform  quarantine  by  formit° 
the  superintendent  of  quarantine  or  his  assistant,  or  where 
there  is  no  such  superintendent  or  assistant,  by  the  principal 
officer  of  the  Customs  at  any  port  or  place,  or  other  officer  of 
the  Customs  authorised  to  act  in  that  behalf,  they  having 
lieen  so  dii-ected  to  perform  quarantine,  may  and  shall  be 
L^ven  and  received  as  evidence  that  such  vessel  was  liable 
t  o  quarantine,  unless  satisfactory  proof  shall  be  produced  by 
the  defendant  in  any  such  prosecution,  suit,  or  other  pro- 
ceeding, to  show  that  the  vessel  did  not  come  from  or  touch 
at  any  such  place  or  places  as  is  or  are  stated  in  the  said 
answer  or  answers,  or  that  such  vessel,  although  directed  to 
])crform  quarantine,  was  not  liable  to  the  performance 
thereof;  and  where  any  such  vessel  shall  have  in  fact  been 
put  under  quarantine  at  any  port  or  place  by  the   super- 

3  H 


418 


APPENDIX. — SECTION    V. 


General 
issue 


iutendent  of  quarantine  or  his  assistant,  or  other  officer  of 
the  Customs  avithorised  as  aforesaid  to  act  in  that  behalf,  and 
shall  actually  be  performing  the  same,  such  vessel  shall,  in 
any  prosecution,  suit,  or  other  proceeding,  against  any  per- 
son or  persons  whatever,  for  any  offence  against  this  Act  or 
any  other  Act  which  may  hereafter  be  passed  concerning 
quarantine  and  the  prevention  of  infection,  or  any  Order  or 
Orders  which  shall  be  made  by  His  Majesty  in  Council,  or 
any  two  or  more  of  the  Lords  or  others  of  His  Privy  Council 
as  aforesaid,  be  deemed  and  taken  to  be  liable  to  quaran- 
tine, without  proving  in  what  manner,  or  from  what  cir- 
cumstance such  vessel  became  liable  to  the  performance 
thereof. 

37.  And  be  it  further  enacted.  That  if  any  action  or  suit 
shall  be  commenced  against  any  person  or  persons  for  any- 
thing done  in  pursuance  or  execution  of  this  present  Act,  or 
of  any  Order  of  Council  made  by  virtue  thereof,  the  de- 
fendant or  defendants  in  such  action  or  suit  may  plead  the 
general  issue,  and  give  this  Act  and  the  special  matter  in 
evidence  at  any  trial  to  be  had  thereupon,  and  that  the  same 
was  done  in  pursuance  and  in  execution  of  the  said  Act,  and 
if  it  shall  appear  so  to  have  been  done,  then  the  jury  shall 
find  for  the  defendant  or  the  defendants  ;  and  if  the  plaintiff 
shall  be  nonsuited,  or  discontinue  his  action  after  the  de- 
fendant or  defendants  shall  have  appeared,  or  if  judgment 
shall  have  been  given  upon  any  verdict  or  demurrer  against 
Treble  costf.  the  plaintiff,  the  defendant  or  defendants  shall  and  may 
recover  treble  costs,  and  have  the  like  remedy  for  the  same 
as  the  defendant  or  defendants  hath  or  have  in  other  cases 
by  law ;  and  that  no  such  action  or  suit  shall  be  brought 
against  any  person  for  any  matter  or  thing  done  in  pursuance 
or  execution  of  this  Act,  but  within  the  space  of  six  months 
after  such  matter  or  thing  shall  have  been  done. 


Limitation 
of  actions. 


APPENDIX.  419 

SECTION   THE   SIXTH. 


NOTARIAL   PRECEDENTS   AND   CONSULAR   FORMS,   etc. 


LIST. 

I,  Power  of  Attorney. 
IL  Wills  and  last  Testaments, 

III.  Protests  of  Bills. 

IV.  Ships'  Protests. 

V.  Protest  of  Merchants  against  the  Master  and  Owners,  in  consequence 
of  the  Master  not  proceeding  to  sea  after  signing  Bills  of  Lading. 
VI.  Protest  by  Shijipers  of  Goods  against  the  Master  and  Owners  of  a 
vessel,  in  consequence  of  Master's  refusal,  after  notice,  to  sign  a 
Bill  of  Lading  in  the  customary  form. 
VII.  Protest  by  Master  of  a  Vessel,  for  demurrage  and  continued  deten- 
tion and  delay  in  providing  a  cargo  and  despatching  the  vessel, 
according  to  Charter-party. 
VIII.  Protest  of  a  Master,  for  demurrage  payable  under  the  stipulations 
of  the  Charter-party. 
IX.  Bottomry  Bond. 
X.  Respondentia  Bond. 
XI.  Bottomry  Bond,  in  German. 
XII.  Ditto  ditto,  in  French. 

XIII.  Passport. 

XIV.  Ditto,  vise. 

XV.  Order  of  Survey  of  a  Vessel. 
XVI.  Ditto         ditto    of  Damaged  Goods. 
XVII.  Survey  of  Goods. 

XVIIL  Bills  of  Health  (English,  French,  and  Italian). 
XIX.  Manifest  of  Cargo. 
XX.  Certificate  of  Origin. 
XXL  Policy  of  Insurance. 
XXII.  Bills  of  Lading. 

XXIII.  Charter-party. 

XXIV.  Seaman's  Allotment  Note. 
XXV.  Agreement  of  Foreign-going  Ship. 

XXVI.  Indentures  of  Apprentice. 
XXVII.  Release  at  Termination  of  Voyage. 
XXVIII.  Receipt  for  Wages  and  Effects  of  Deceased  Seaman. 


420  APPENDIX. — SECTION    VI. 

XXIX.  claims  for  Wages  and  Effects  of  Deceased  Seamau. 
XXX.  Official  Log-book. 

XXXI.  Regulations  for  maintaining  Discipline. 

XXXII.  Form  to  be  used  in  cases  where  Shipwrecked  Seamen  are  picked  up 
at  Sea  and  conveyed  home. 

XXXIII.  Voucher  for  Payments  by  the  Master. 

XXXIV.  Form  to  be  used  in  a  Claim  to  the  Admiralty  Court  for  Compen- 

sation for  a  Seamau  who  volunteered  into  the  Navy  from  a  Mer- 
chant Ship. 


I. — Power  of  Attorney. 


Know  all  Men,  by  these  presents,  that  ,  for  divers  good 

causes  and  considerations         hereunto  moving,  have  and  do  hereby 
make,  nominate,  and  appoint,  and  in        place  and  stead  put 
to  be        true  and  lawful  Attorney  for        and  in        name,  and  to 
use  to  ask,  demand,  sue  for,  recover,  and  receive  of  and  from 
and  all  and  every  other  persons  and  person  residing  at 
who  are  or  is,  or  shall  or  may  be,  liable  to  pay  the  same  respectively, 
all  and  every  debt  and  debts,  sum  and  sums  of  money,  principal  money, 
and  interest,  dividends,  goods,  wares,  merchandise,  profits,  proceeds, 
rents  and  arrears  of  rent,  dues,  duties,  effects,  and  things,  of  what 
nature  or  kind  soever,  which  now  are  or  is,  or  at  any  time  or  times 
hereafter  shall  or  may  be  or  become  due,  owing,  payable,  or  belonging 
or  consigned  to,  or  on  account  of        •  ,  on  any  account  what- 

soever ;  and  on  payment  or  delivery  thereof,  or  of  any  part  thereof 
resjiectively,  to  give,  sign,  and  execute  receipts,  acquittances,  releases, 
or  other  discharges  for  the  same  respectively ;  and  on  non-payment 
or  non-delivery  thereof,  or  of  any  part  thereof  respectively,  to  bring, 
commence,  carry  on,  and  prosecute  any  action,  suit,  or  other  proceed- 
ing whatsoever,  for  recovering  and  compelling  the  payment  and  deli- 
very thereof  respectively.  And  also  to  adjust,  settle,  compound,  and 
compromise  all  accounts,  reckonings,  transactions,  matters,  and  things 
whatsoever,  relating  to  the  said  several  premises  respectively  ;  and  for 
all  or  any  of  the  purposes  aforesaid  to  use  the  name  of  the  said 
,  and  one  or  more  substitute  or  substitutes  to  appoint, 
and  at  pleasure  to  remove  and  displace,  and  another  or  others  to 
appoint ;  and  generally  to  do,  execute,  and  perform  any  other  act, 
deed,  matter,  or  thing  whatsoever  relative  to  the  premises,  as  fully, 
to  all  intents  and  pur_poses  whatsoever,  as  might  or  could  do  in 
own  proper  person,  in  case  these  presents  had  not  been  made         ,  the 


APPENDIX. — SECTION   VI.  421 

said  hereby  ratifying  and  confirming,  and  agreeing  to 

ratify  and  confirm,  all  and  whatsoever  the  said  substitute 

or  substitutes  shall  lawfully  do',  or  cause  to  be  done,  in  or  about  the 
premises,  by  virtue  and  in  execution  of  these  presents.  In  witness 
whereof        the  ^aid  have  hereunto  set        hand  and  seal, 

the  day  of  ,  one  thousand  eight  hundred  and  forty 

Signed,  sealed,  and  delivered  in  the  presence  of 


2.— Wills. 
Heading  of  a    Will,* 

This  is  the  last  Will   and  Testament  of  me, 

Firstly,  I  desire  that  all  my  just  debts,  funeral  and  testamentary 
expenses  be  paid  and  satisfied  by  my  execut  hereinafter  named,  as 
soon  as  conveniently  may  be  after  my  decease. 

Ending  of  Will. 

And  I  do  t  nominate,  constitute,  and  appoint  $  to  be  execut 

of  this  my  Will,  and  hereby  revoking  all  former  or  other  Wills  by  me 
at  any  time  heretofore  made,  I  declare  this  to  be  my  last  Will  and 
Testament.  § 

In  Witness  whereof,  I  the  said  have  to  this  my  last  Will  and 

Testament  set  my  hand,  the  day  of  in  the  year  of  our  Lord 

one  thousand  eight  hundred  and  fifty 

Signed  and  declared  by  the  said  the  Testator,  as  and  for  his 

last  Will  and  Testament  in  the  presence  of  us,  who  at  his  request, 
in  his  presence  and  in  the  presence  of  each  other,  have  hereunto 
subscribed  our  names  as  witnesses. 

1. — Form  of  a  Will,  where  the  Property  is  given  to  one  or  more  Persons 

absolutely. 
And,  Secondly,  I  give,  devise,  and  bequeath  unto  all  and 

every  my  household  furniture,  linen,  wearing  apparel,  books,   plate, 

*  The  heading  to  Will  No.  5  is  different,  and  is  to  be  worded  only,  "  This 
is  the  last  Will  and  Testament  of  me,  ,  wife  of  , 

of 

+  In  Will  No.  6,  add  "  hereby." 

X  Iia  No.  4,  put  here  "  My  said  wife,  sole  executrix  of  this  my  Will,"  instead 
of,  "  to  be  execut  of  this  my  Will."     In  Will  No.  6,  add  "  the  said,"  and 

leave  out  the  words  "  to  be." 

§  The  ending  of  No.  3  is  quite  different  down  to  here ;  it  afterwards  pro- 
ceeds as  above. 


422  APPENDIX. — SECTIOK   VI. 

pictures,  china,  horses,  carriages,  carts ;  and  also  all  and  every  sum 
and  sums  of  money  which  may  be  in  my  house  or  about  my  person,  or 
which  may  be  due  to  me  at  the  time  of  my  decease ;  and  also  all  other 
my  monies  invested  in  stocks,  funds,  and  securities  for  money,  book- 
debts,  money  on  bonds,  bills,  notes,  or  other  securities ;  and  all  and 
every  other  my  estate  and  effects  whatsoever  and  wheresoever,  both 
real  and  personal,  whether  in  possession,  reversion,  remainder,  or 
expectancy,  to  and  for  own  xxse  and  benefit,  absolutely. 

2. — Form  of  a  Will,  ivhe.rt  the  Property  of  Testator  is   left  to  Wife  for 
life,  anil  after  her  death  to  Children  absolutely. 

And,  Secondly,  I  give,  devise,  and  bequeath  unto  and  as  to 

all  the  rest,  residue,  and  remainder  of  my  estate  and  effects  whatsoever 
and  wheresoever,  both  real  and  personal,  whether  in  possession,  rever- 
sion, remainder,  or  expectancy,  I  give,  devise,  and  bequeath  the  same 
unto  executors  and  administrators,  Upon  trust,  to  permit 

and  suffer  my  dear  wife  to  have  the  use  and  enjoyment  of  all  such 
pai'ts  thereof  as  shall  not  yield  income,  and  to  invest  the  residue  of 
such  of  my  estate  as  shall  not  have  been  applied  in  payment  of  my 
debts,  and  funeral  and  testamentary  expenses  and  legacies,  in  some  or 
one  or  the  Government  stocks  or  funds  of  Great  Britain  (not  being 
terminable  Annuities),  and  to  pay  the  dividends  and  produce  thereof; 
and  also  the  dividends,  interest,  or  annual  produce  of  all  such  other 
parts  of  my  said  estate  as  shall  yield  income,  unto  my  dear  wife  dur- 
ing the  term  of  her  natural  life :  and  from  and  after  her  decease,  I 
give,  devise,  and  bequeath  the  same  and  every  part  thereof  unto  and 
among  all  and  every  my  children,  both  sons  and  daughters,  who  shall 
be  living  at  the  time  of  the  decease  of  my  said  wife,  in  equal  shares 
and  proportions,  and  the  issue  of  such  of  them  as  shall  be  dead  (such 
issue  taking  only  the  share  to  which  their  deceased  parent,  if  surviv- 
ing, would  have  been  entitled),  to  and  for  own  use  and 
benefit  absolutely. 

3. — Form  of  a  Will,  where  the  Property  of  Testator  is  left  to  Executors  in 
Trust  to  be  sold,  and  jyroceeds  paid  to  devisees. 

Secondly,  I  give,  devise,  and  bequeath  all  and  every  my  household 
furniture,  linen,  wearing  apparel,  books,  plate,  pictures,  china,  horses, 
carriages,  carts  ;  and  also,  all  and  every  sum  and  sums  of  money  which 
may  be  in  my  house  or  about  my  person,  or  which  may  be  due  to  me 
at  the  time  of  my  decease  ;  and  also,  all  other  my  monies  invested  in 
stocks,  funds,  and  securities  for  money,  book-debts,  money  on  bonds, 
bills,  notes,  or  other  securities  ;  and  all  and  every  other  my  estate  and 


APPENDIX. SECTION    VI.  423 

effects  whatsoever  or  wheresoever,  both  real  and  personal,  whether  in 
possession,  reversion,  remainder,  or  expectancy,  unto  and 

the  survivor  of  them,  and  the  executors  and  administrators  of  such 
survivor.  Upon  trust,  as  soon  as  conveniently  maybe  after  my  decease, 
to  collect,  get  in,  and  receive  such  parts  thereof  as  shall  consist  of 
money,  or  securities  for  money,  and  to  sell  and  dispose  of  the  residue 
of  my  said  estate  and  effects,  either  by  public  auction  or  private  con- 
tract, as  to  my  said  executor  shall  seem  meet.  And  when  and  so 
soon  as  the  whole  of  my  estate,  real  and  personal,  shall  have  been  con- 
verted into  money,  and  received,  Upon  trust  to  pay  equal 

part      or  share      thereof  unto  of 

for  own  use  and  benefit,  and  to  pay  other  equal 

part  or  share  thereof  unto  of 

for  own  use  and  benefit,  and  to  pay  one  other  equal 

part      or  share      thereof  unto  of  for 

own  use  and  benefit,  and  to  pay  over  the  remaining  equal 
part     or  share     thereof  unto  of  for  own 

use  and  benefit.  And  I  hereby  declare,  that  the  receipt  or  receipts  of 
the  execut  of  this  my  Will  to  the  purchaser  or  purchasers  of 

any  part  of  my  estate  or  effects,  real  or  personal,  shall  be  a  good  and 
sufficient  discharge  for  so  much  money  as  in  such  receipts  shall  be  ex- 
pressed to  be  received.  And  I  do  hereby  nominate,  constitute,  and 
appoint  executor      of  this  my  Will.     And  1  do  hereby 

declare,  that  my  said  execvitors  and  the  survivor  of  them,  and  the  exe- 
cutors and  administrators  of  such  survivor,  shall  and  may  out  of  the 
monies  that  shall  come  to  their  or  either  of  their  hands,  deduct,  retain, 
and  reimburse  to  themselves  and  himself  respectively,  all  costs, 
charges,  and  expenses  which  they  or  either  of  them  may  sustain  or 
incur  in  and  about  the  execution  of  the  trusts  of  this  my  Will ;  and 
that  neither  of  them  shall  be  answerable  for  any  loss  which  may  hap- 
pen to  the  said  trust  premises,  unless  the  same  shall  happen  by  or 
through  his  or  their  own  act,  neglect,  or  default ;  neither  shall  the  one 
be  answerable  for  the  other  of  them ;  nor  shall  either  of  them  be  an- 
swerable for  more  monies  than  shall  actually  come  into  his  hands  by 
virtue  of  this  my  Will. 

4. — Form  of  a  Will,  where  the  Property  is  given  to  Wife  ahsolutely. 

Secondly,  I  give  and  bequeath  all  my  household  furniture,  plate, 
linen,  china,  books,  pictures,  wearing  apparel,  Avines,  liquors,  and  other 
effects,  and  also  all  sum  and  sums  of  money  which  may  be  due,  owing, 
or  belonging  to  me  at  my  decease,  or  which  may  be  invested  in  or  upon 
any  stocks,  funds,  or  other  securities ;  and  also,  aU  other  my  estate 


421  APPENDIX. — SECTION   VI. 

and  effects  whatsoever  and  wheresoever,  both  real  and  personal,  and 
whether  in  possession,  reversion,  or  expectancy,  unto  my  dear  wife, 
her  executors,  administrators,  and  assigns,  absolutely, 
to  and  for  her  and  their  own  use  and  benefit. 

5. — Form  of  a  IVill,  for  a  Married  Woman  to  bequeath   her  separate 
j)ersonal  estate. 
Whereas  I  am  possessed,  as  my  separate  property,  independently  of 
my  said  husband,  of  certain  personal  estate,  namely, 
which  I  am  entitled  to  dispose  of  by  Will.     Now,  in  exercise  of  the 
said  power  vested  in  me,  I  hereby  dispose  of  the  same  in  the  following 
manner :  that  is  to  say,  I  give  and  bequeath  unto  to  and 

for         ■  own  use  and  benefit,  absolutely. 

G. — Form  of  a  Will,  where  the  Property  is  left  in  Trust  for  Testator's 
Children,  and  the  Portions  of  Daughters  are  settled  fur  their  own 
separate  use. 

Secondly,  I  give,  devise,  and  bequeath  all  and  everj-^  my  household 
furniture,  linen,  wearing  apparel,  books,  plate,  pictures,  china,  horses, 
carriages,  carts,  and  also  all  and  every  sum  and  sums  of  money  which 
may  be  in  my  house,  or  about  my  person,  or  which  may  be  due  to  me 
at  the  time  of  my  decease  ;  and,  also,  all  other  my  monies  invested  in 
stocks,  funds,  and  securities  for  money,  book-debts,  money  on  bonds, 
bills,  notes,  or  other  securities,  and  all  and  every  other  my  estate  and 
effects  whatsoever  and  wheresoever,  both  real  and  personal,  whether 
in  possession,  reversion,  remainder,  or  expectancy,  unto 
and  the  survivor  of  them,  or  the  heirs,  executors,  administrators,  or 
assigns  of  such  survivor,  upon  trust,  as  soon  as  conveniently  may 
be  after  my  decease,  to  collect,  get  in,  and  receive  such  parts  thereof 
as  shall  consist  of  money,  or  securities  for  money,  and  to  sell  and 
dispose  of  the  residue  of  my  said  estate,  real  and  personal,  and  effects, 
either  by  public  auction  or  private  contract,  as  to  my  said  executors 
shall  seem  meet,  and  when  and  as  the  same  shall  come  to  their  or 
either  of  their  hands,  upon  trust,  to  invest  the  same  in  some  or  one  of 
the  Government  stocks  or  funds  of  Great  Britain,  upon  trust,  for  my 

children,  viz., 
to  be  divided  in  equal  shares  and  proportions  amongst  them,  their 
respective  executors,  administrators,  and  assigns.  Nevertheless,  the 
shares  of  my  said  daughters  to  be  subject  to  such  limitation  and  settle- 
ment as  is  hereinafter  contained.  And  I  direct  that  it  shall  be  lawful 
for  my  executors,  and  the  survivor  of  them,  or  the  trustees  or  trustee 
for  the  time  being  of  this  my  Will,  to  pay  and  apply  the  whole,  or  such 


APPENDIX. SECTION   VI.  425 

part  as  they  in  their  discretion  shall  think  fit,  of  the  interest,  divi- 
dends, and  annual  produce  arising  from  the  share  or  shares  of  such  of 
.ly  children  whose  share  or  shares,  or  the  interest,  dividends,  and 
annual  produce  of  whose  share  or  shares  shall  not  have  become 
payable  to  them  under  the  terms  of  this  my  Will,  in  and  toAvards  their 
maintenance  and  education.  And  I  declare  that  the  shares  of  all  my 
said  children  shall  be  considered  as  vested  interests,  and,  as  to  sons, 
shall  be  paid  or  transferred  to  them  on  attaining  the  age  of  twenty-one 
years.  But  my  will  and  mind  is,  notwithstanding  anything  herein- 
before contained,  that  the  respective  shares  of  my  said  daughters  shall 
not  absolutely  vest  in  or  be  paid  to  them,  but  that  the  said  shares  of 
each  of  them  my  said  daughters  shall  be  held  by  my  said  trustees  m 
their  own  names,  upon  trust,  that  they,  and  the  survivor  of  them,  or 
the  trustees  or  trustee  for  the  time  being  of  this  my  Will,  do  and  shall, 
from  time  to  time,  when  and  after  my  said  daughters  shall  have 
attained  their  age  of  twenty-one  years  respectively,  or  have  married, 
which  shall  first  happen,  during  the  natural  life  of  each  of  them  my 
said  daughters,  pay,  or  cause  to  be  paid,  all  the  interest,  dividends, 
and  annual  produce  of  the  respective  share  of  such  daughter  of  and  in 
the  said  trust  monies  as  the  same  shall  accrue  and  be  received,  into 
the  propev  hands  of  such  daughter  respectively,  or  to  such  person  or 
persons  as  she  in  Avritiiig  signed  with  her  OAvn  proper  hand  shall,  not- 
withstanding any  coverture,  direct  and  appoint  for  her  sole  and  sepa- 
rate use,  benefit,  and  disposal,  free  from  the  power,  control,  debts,  and 
engagements  of  any  her  husband,  and  the  receipt  or  receipts  of  such 
daughter  alone,  or  of  such  person  or  persons  to  whom  she  shall  so 
direct  or  appoint  the  same  to  be  paid  as  aforesaid,  shall  be  a  good  and 
effectual  discharge  for  so  much  of  the  said  interest,  dividends,  and 
annual  pi'oduce  as  shall  be  therein  expressed  and  acknowledged  to  be 
received.  And  from  and  after  the  decease  of  each  of  them  my  said 
daughters  respectively,  I  direct  that  my  executors,  or  the  trustees  or 
trustee  for  the  time  being  of  this  my  Will,  shall  stand  possessed  of 
and  interested  in  the  share  or  shares  of  such  daiighter  or  daughters 
respectively,  in  trust  for  such  person  and  persons  as  such  daughter  or 
daughters  respectively  shall,  by  deed  or  will,  notwithstanding  cover- 
ture, or  whether  covert  or  sole  appoint,  and  in  defavilt  of  any  such 
appointment,  or  so  far  as  any  such  appointment  (if  incomplete)  shall 
not  extend,  in  trust  for  such  of  them  my  said  daughter  or  daughters 
respectively,  their  respective  executors,  administrators,  and  assigns, 
to  be  applied  as  part  of  their  personal  estate.  And  in  case  any  or 
either  of  my  said  children  shall  die,  being  a  son  or  sons,  before 

the  age  of  twenty-one  years,  or,  being  a  daughter  or  daughters,  before 
the  like  age,  or  being  married,  which  shall  first  happen,  then  and  in 

3  I 


426  APPEjroiX. — SECTION   VI. 

sucli  case  the  share  or  shares  intended  for  him,  her,  or  them  so  dying- 
as  aforesaid,  shall  be  in  trust  for  the  survivors  or  survivor  of  such  my 
said  children,  to  be  divided,  if  more  than  one,  in  equal  shares  and  pro- 
portions amongst  them,  and  if  only  one,  then  in  trust  for  such  only 
child,  his,  her,  or  their  respective  executors,  administrators,  or  assigns, 
and  to  be  vested  interests  in  him,  her,  or  them  respectively.  Never- 
theless, the  share  or  shares  therein  of  my  said  daughters  or  daughter 
respectively  to  be  subject  to  such  limitation  and  settlement  as  is  here- 
inbefore contained  respecting  their  respective  original  share  or  shares. 
And  I  hereby  declare  that  the  receipt  or  receipts  of  my  executors,  or 
the  trustees  or  trustee,  for  the  time  being,  of  this  my  Will,  to  the 
purchaser  or  purchasers  of  any  part  of  my  estate  or  effects,  or  to  any 
person  or  persons  who  shall  have  any  of  the  trust  monies  in  their,  his, 
or  her  hands,  shall  be  a  good  and  sufficient  discharge  for  so  much  money 
as  in  such  receipt  or  receipts  shall  be  expressed  to  be  received.  And 
I  further  direct  that  in  case  either  of  my  executors  hereinafter  named, 
or  any  futiu'e  trustee  or  trustees  to  be  appointed  vmder  this  provision 
in  their  place,  or  the  place  of  any  of  them,  who  shall  die,  or  become 
unwilling  or  unable  to  act  in  the  aforesaid  trusts  before  the  said  trusts 
shall  be  fully  executed  and  performed,  then,  and  as  often  as  the  same 
shall  happen,  it  shall  be  lawful  for  the  sunaving  or  continuing  trustee 
or  trustees  of  this  my  Will,  or  the  executors  or  administrators  of  the 
last  surviving  trustee,  to  nominate  any  fit  person  or  persons  to  supply 
the  place  or  places  of  the  trustee  or  trustees  respectively  so  dying,  or 
becoming  unwilling  or  unable  to  act  as  aforesaid.  And  that  imme- 
diately after  every  such  appointment,  the  said  trust  monies,  stocks, 
funds,  or  securities  shall  be  assigned  and  transferred  so  that  the  same 
may  vest  in  such  new  trustee  or  trustees  jointly  with  the  surviving  or 
continuing  trustee  or  trustees,  or  in  such  new  trvistee  or  trustees 
solely,  as  the  case  may  require,  subject  to  the  trusts  aforesaid,  and 
such  new  trustee  or  trustees  shall  be  competent  to  exercise  all  the 
powers  and  authorities  whatsoever  hereinbefore  contained,  in  the  same 
manner,  to  all  intents  and  purposes,  as  if  he  or  they  had  been 
appointed  trustee  or  trustees  in  and  by  this  my  Will.  And  I  do  hereby 
declare  that  my  said  executors  hereby  appointed,  and  also  the  trustee 
or  trustees  to  be  appointed,  by  virtue  of  the  provision  lastly  herein- 
before contained,  severally  and  respectively,  and  their  several  and 
respective  heirs,  executors,  and  administrators,  shall  be  charged  and 
chargeable  with  such  sums  of  money  only  as  they  shall  respectively 
actually  receive  by  virtiie  of  the  trusts  hereby  reposed  in  them,  not- 
withstanding their  joining  in  signing  any  receipt  or  receipts,  or  doing 
any  other  act,  for  the  sake  of  conformity,  and  that  they,  or  any  of 
them,  shall  not  be  answerable  Or  accountable  for  any  misfortune,  loss. 


APPENDIX. SECTION   VI.  427 

1.1*  damage  which  may  happen  in  the  execution  of  the  aforesaid  trusts, 
or  in  relation  thereto  (except  the  same  shall  happen  by  or  through  his, 
lier,  or  their  own  wilful  act,  neglect,  or  default),  and  in  that  case  each 
person  shall  be  answerable  only  for  such  loss  or  damage  as  shall  arise 
from  his  own  act,  neglect,  or  default.  And  I  do  further  declare  that 
my  executors  herein  named,  and  such  future  trustee  or  trustees  to  be 
appointed  as  aforesaid,  severally  and  respectively,  and  their  several 
and  respective  heirs,  executors,  and  administrators,  shall  and  may,  out 
of  the  monies  which  shall  come  to  their  hands  by  virtue  of  the  trusts 
aforesaid,  deduct,  retain,  and  reimburse  to  himself  and  themselves 
respectively  all  costs,  charges,  and  expenses  which  they,  or  any  of 
them,  may  sustain  or  incur  in  or  about  the  execution  of  the  trusts  of 
this  my  WUl. 


Forms  of  Special  Legacies  and  Bequests. 
Pecuniary  Legacies. 

I  give  and  bequeath  unto  (name  and  description  of  legatee)  the  sum 
of  sterling  money,  to  be  paid  to  (him  or  her)  imme- 

diately (or  "within  one"  or  "six  calendar  months,"  as  may  be jmrposed) 
after  my  decease  {free  of  legacy  duty). 

Note. — Care  should  be  taken  to  give  such  a  proper  description  of 
the  legatee,  as  that  no  doubt  may  be  entertained  as  to  the  person 
intended ;  also,  as  to  the  time  within  which  the  legacy  is  to  be 
paid,  if  an  early  payment  is  intended.  Where  no  time  is  specified  for 
the  payment,  the  executor,  generally  speaking,  is  by  law  allowed 
twelve  months  for  the  purpose.  And,  if  it  is  to  be  free  of  legacy 
duty,  it  should  be  so  stated. 

Where  several  legacies  are  given,  they  may  be  thus  assembled : 

"  I  give  and  bequeath  the  following  siuns  to  the  persons  hereinafter 
mentioned ;  that  is  to  say,  to  (name  and  description  of  the  legatee)  the 
sum  of  ;  to  (name,  etc.)  the  sum  of  , 

etc.,  etc." 
Or, 

"  I   give   and  bequeath   unto    each  of    my  friends   (names  and  de- 
scriptions) the  sum  of  ,  and  a  mourning  ring  of  the 
value  of                                ." 
Or, 

"  I  give  and  bequeath  unto  my  friend  {name  and  description)  the  sum 
of  ,  to  purchase  a  mourning  ring  or  other  memorial 

of  me." 


4:28  APPENDIX. — SECTION   VI. 

Legacy  to  Executor. 

"  I  bequeath  to  my  friend  and  executor  '{name  and  description)  the 
sum  of  ,  as  a  remembrance  of  me,  and  as  some  remunera- 

tion for  the  trouble  he  may  be  put  to  in  the  execu.tion  of  this  my  wiU." 

Legacy  to  a  Married  Woman  for  her  own  separate  use. 
"  I  give  and  bequeath  unto  (name  and  description),  wife  of  , 

the  sum  of  ,  to  be  paid  into  her  own  proper  hands,  in 

order  that  the  same  may  be  enjoyed  and  disposed  of  by  her  as  her 
own  separate  property,  free  from  the  control  of  her  present  or  any 
future  husband,  and  for  which  said  legacy  her  receipt  shall  be  a 
sufficient  discharge." 

Legacies  to  Servants. 
"  I  give  to  my  old  and  faithful  servant  (name  and  description)  the  sum 
of  ;  also  a  suit  of  mourning." 

Or, 
"  I  give  to  my  servant   (name  and  description)  if  (he  or  she)   shall 
continue  in  my  service  to  the  time  of  my  decease,  the  sum  of  ." 

Or, 
"  I  give  to  each  of  my  domestic  servants  who  shall  be  in  my  service 
at  the  time  of  my  decease  (or,  "who  at  the  time  of  my  decease  shall 
have  been  in  my  service  for        years  or  upwards  ")  the  sum  of 

Specific  Bequest  of  Stock. 
I  give  and  bequeath  to  (name  and  description)  the  sum  of  £ 
Three  per  Cent.  Consolidated  Bank  Annuities  (or  other  Stuck,  as  the  case 
mag  be,  to  he  properly  described  as  on  the  printed  transfer  of  the  said 
Stock)  now  standing  in  my  name  in  the  books  of  the  Governor  and 
Company  of  the  Bank  of  England.  (And  I  direct  that  the  said  legacy 
be  deemed  a  specific  legacy.)" 

Note. — In  this  case  the  amount  of  Stock,  and  not  its  value  in 
money,  is  bequeathed ;  hence,  by  any  alteration  of  circumstances,  in 
the  event  of  the  testator  not  possessing  such  an  amount  or  such 
description  of  Stock  at  the  time  of  his  death,  the  legacy  could  not 
take  effect.     To  obviate  such  a  contingency  the  Avords  between  (  ) 

may  be  omitted,  and  replaced  by  the  following  : 

Bequest  of  Stock  not  to  he  Specific. 
"  And  if  it  shall  happen  that  at  the  time  of  my  decease  I  be  not 
possessed  of  the  amount  of  £  Three  per  Cent.  Consolidated 

Bank  Annuities  (or  other  Stock  as  the  case  may  he),  then  I  direct  my 
executor  to  purchase  or  otherwise  make  up  that  sum  out  of  my 
personal  estate,  and  to  transfer  the  same  to  the  said  for 

(his  or  her)  own  absolute  use." 


AtPENDlX. — SECTION   VI,  429 

Bequest  of  a  Legacy  to  he  paid  on  Legatee's  coming  of  age. 

"  I  give  and  becjueatli  unto  tlie  sura  of  to 

be  paid  to  (him  or  her)  when  ( he  or  she)  shall  attain  the  full  age  of 
twenty-one  years.  And  I  direct  that,  notwithstanding  the  postpone- 
ment of  the  time  of  payment,  the  said  legacy  shall  become  vested  in 
the  said  immediately  on  my  decease." 

If  it  be  intended  that  the  legacy  shall  not  vest  unless  the 
legatee  attain  a  certain  age,  the  following  will  be  the  form 
of  words  : 

"  I  give  and  bequeath  unto  the  sum  of  when 

{he  or  she)  shall  attain  the  age  of  years  ;  and  I  further  direct 

that  the  said  legacy  shall  not  vest  or  be  paid  to, the  said 
unless  (he  or  she)  shall  attain  that  age." 

Or,  if  it  be  desired  that  the  legacy  shall  not  lapse  by  death 
of  the  legatee,  the  following  will  be  the  directions  necessary 
for  that  obj  ect : 

"And  I  further  direct  that,  in  case  the  said  shall  depart 

this  life  before  my  decease,  the  legacy  of  ,  hereinbefore  given 

to  (Iwn  or  her),  shall  not  hereby  lapse;  but  in  such  case,  I  hereby 

give   and    bequeath    the    aforesaid    sum    of  to    the 

executors  and  administrators  of  the  said  to  vest  m  them 

as  part  of  the  personal  estate  of  the  said  ." 

And  whereas,  if  the  net  proceeds  of  the  estate  should  fall  short 
of  paying  all  the  legacies,  they  will  be  subject  to  pro- 
portionate abatement,  the  following  directions  for  giving 
precedence  of  payment  of  a  particular  legacy,  may  meet  the 
wishes  of  some  testators  : 

"  I  give  and  bequeath  to  the  sum  of  to  be 

paid  in  precedence  of  all  other  pecuniary  legacies  bequeathed  by  this 

my  Will." 

In  the  case  of  a  postponed  legacy  to  a  minor,  the  following- 
form,  directing  the  trustees  to  invest  the  amount  and  apply 
the  proceeds  for  the  benefit  of  the  legatee,  will  be  found 
applicable  : 

"  And  I  direct  that  the  legacy  of  ,  hereby  given  to  (name 

of  legatee),  be  paid  to  (him  or  her)  when  (lie  or  she)  shall  arrive  at 
the  age  of  years  ;  and  my  desire  is,  that  until  the  said  period 

shall  arrive,  the  trustees  and  executors  of  this  my  Will  do  lay  out  the 
said  sum  of  in  Public  Funds  or  Parliamentary  Stocks 


430  APPENDIX.— SECTION  VI. 

of  Great  Britain,  to  accvimulate  for  the  benefit  of  the  said  , 

with  full  power  to  the  said  trustees  and  executors  to  pay  and  apply 
the  dividends  and  interest  thereof  respectively,  or  so  much  thereof  as 
they  may  deem  proper  towards  the  maintenance  (or  "  education,"  or 
"  maintenance  and  education,"  as  the  case  may  be)  of  the  said  ." 

Form  of  Bequest  of  Personal  Estate  to  one  person  for  life,  with  the 
reversion  thereof  to  another. 

"I  give  and  bequeath  unto  (name  and  description  of  legatee)  all  {describe 
the  property)  for  the  term  of  {his  or  her)  natural  life ;  and  from  and 
after  {his  or  her)  decease,  I  give  and  bequeath  the  same  unto  {narne 
and  description  of  reversioner)  for  {his  or  her)  sole  and  exclusive  use 
and  benefit." 

Form  of  a  Bequest  of  an  Annuity,  with  Directions  that  Government  Stock 
be  set  apart  for  2}aying  the  same. 
"  I  give  and  bequeath  unto  {name  and  description  of  annuitant)  one 
annuity  of  per  annum,  to  commence  from  the  day  of  my 

decease,  and  to  be  paid  quarterly,  free  of  all  deductions,  charges,  or 
expenses  whatsoever ;  and  I  hereby  direct  the  trustees  and  executors 
of  this  my  WUl  within  calendar  months  after  my  decease,  to 

set  apart  and  invest  in  their  names  sufficient  funds  in  the  Consoli- 
dated and  Reduced  Three  per  Cent.  Stocks,  or  either  of  them  {or 
such  other  investment  as  the  testator  may  appoint)  for  the  purpose  of  an- 
swering the  said  annuity,  and  in  the  meantime  to  pay  the  amount  of 
the  same  out  of  my  personal  estate." 

Directions  that  an  Annuity  bequeathed  to  a  Married  Woman  is  to  be  for  her 
sole  and  separate  use. 
"  And  I  direct  the  annuity  hereby  bequeathed  unto  {name  and  descrip- 
tion) to  be  paid  to  her  for  her  sole  and  separate  use  and  benefit,  and 
independent  of  any  control  of  her  present  or  any  future  husband,  and 
without  being  in  any  wise  subject  to  his  or  their  debts,  claims,  or 
demands ;  and  that  the  receipt  of  the  said  {name  of  annuitant),  notwith- 
standing her  present  or  any  futui-e  coverture,  shall  be  a  good  and  suffi- 
cient discharge  for  the  same." 

Directiotis  to  Executors  and  Trustees  to  purchase  an  Annuity  for  the  benefit 

of  Testator's  Nominee, 

"  I  hereby  direct  the  executors  and  trustees  of  this  my  Will,  within 

calendar  months  after  my  decease,  to  purchase  in  the 

name  and  for  the  benefit  of  {name  and  description  of  annuitant)  one 

annmty  for  {his  or  her)  life  ;  such  annuity  not  to  be  redeemable  ;  and 

I  leave  it  to  the  discretion  of  my  said  executors  to  purchase  the  same 


APPENDIX. — SECTION  VI.  431 

either  from  Government  or  of  any  well  established  public  company,  or 
on  any  private  security ;  provided  always  that  if  purchased  from  any 
private  person  or  persons  whatsoever,  the  same  shall  be  well  secured 
on  freehold,  leasehold,  or  copyhold  property.  And  I  further  direct 
that  vintil  such  purchase  shall  be  made,  a  sum  eqiial  to  the  annual 
amount  of  such  annixity  shall  be  paid  out  of  my  personal  estate  unto 
the  said  (name  of  annnitant)  in  equal  quarterly  portions,  the  first 
portion  to  be  paid  within  calendar  months  next  after  my 

decease." 

Legacies  to  Charitalle  Uses. 

"  I  bequeath  to  (describe  the  principal  officer  of  the  Charitalle  Institution 
which  the  legacy  is  to  benefit,  as  for  instance,  the  "Treasurer,"  the  "Master," 
etc.)  of  {describe  the  Institution)  the  sum  of  to  be  ap- 

plied to  the  purposes  of  that  institution  ;  such  legacy  to  be  paid  out  of 
such  part  of  my  personal  estate  (not  specifically  bequeathed)  as  by 
law  may  be  appropriated  by  will  to  charitable  purposes." 
Or, 
"  I   bequeath  the   sum   of  to   be   applied  to  such 

charitable  uses  {within  the  county  of  ,  or  within  the  parish 

of  )  as  my  executor  may  think  fit." 

Or, 
"  I  bequeath  to  {the  Rev.  Mr.  ,  Incumbent  of  the  parish  of 

)  the  sum  of  to  be  applied  to  such 

charitable  uses  as  he  shall  think  proper  {within  the  said  parish)." 


III.  Protests  of  Bills. 


Preliminary  Heading. 

On  the  day  of  ,  one  thousand  eight  hundred  and 

,  I,  ,  Her  Britannic  Majesty's  Consul  at 

,  in  the  kingdom  of  ,  at  the  request  of 

the  holder  or  the  bearer  {as  the  case  may  be),  did  cause  due  and  cus- 
tomary presentment  to  be  made  of  the  original  bUl  of  exchange,* 
whereof  a  true  copy  is  on  the  other  side  written. 

*  1.  For  non-acceptance,  here  insert,  "  Uuto  N".  N.,  the  person  vipon  whom 
the  same  is  drawn,  or  upon  a  clerk  of  N.  N.,  the  person  upon  whom  the  same 
is  drawn  [as  the  case  may  be] ;  and  acceptance  being  thereupon  demanded,  he 
answered  "  [here  record  answer]. 

2.  Non-acceptance  where  the  clraioer's  place  of  business  is  shut  up,  and  he 
is  become  bankrupt  or  insolvent. — "  Unto  the  counting-house  of  N.  N.,  the 
person  upon  whom  the  said  bill  is  drawn,  in  order  to  present  the  same,  and  to 


432  APPENDIX. — SECTION   VI. 

Ending. 
Wherefore  I,  the  said  ,  Her  Britannic  Majesty's  Consul  at 

,  at  the  request  aforesaid,  have  protested,  and  by  these 
presents  do  protest,  against  the  drawer  of  the  said  bill  and  all  the 
parties  thereto,  and  all  other  parties  thereto,  and  all  others  concerned, 
for  all  exchange,  re-exchange,  and  all  costs,  damages,  and  interest, 
present  and  to  come,  for  want  of*  of  the  said  bill.     Which 

I  attest, 

(Seal.)  N.  N., 

Her  Britannic  Majesty's  Consul  at 

demand  acceptance  thei'eof ;  and  the  door  was  found  fastened,  and  there  was 
no  person  there  to  give  an  answer;  and  I  am  informed  that  the  said  N.  N.  has 
been  declared  bankrupt,  or  suspended  payment  [as  the  case  may  be]. 

3.  Non-acceptance  when  the  drawer  cannot  be  found,  or  where  there  is  no  such 
person. — Leave  out  remaindei-,  and  add,  "  and  carefid  inquiries  to  be  made  at 
the  Post-office,  and  in  other  pi'oper  quarters,  for  N.  N.,  the  pei'son 
upon  whom  the  said  bill  purports  to  be  drawn,  in  order  to  have  demanded  ac- 
ceptance thereof,  but  was  unable  to  discover  him,  or  to  leai-n  any  tidings  of 
him,  or  his  residence." 

4.  On  non-x>ayment. — "  Unto  N.  N.,  the  person  upon  whom  the  said  bill  is 
drawn,  and  by  whom  the  same  is  accepted  [if  so]  ;  and  payment  being  there- 
upon demanded,  he  answered"  [here  state  answer]. 

5.  Non-payment,  where  the  house  or  place  2vhere  it  is  made  payahle  hy  the 
acceptance  is  shut  ^tp,  and  no  one  is  there  to  give  an  ansiver. — "Unto  the 
counting-house  of  N.  N.,  where  the  said  bill  is  made  payable  by  the  accept- 
ance, in  order  to  demand  payment  thereof;  and  the  door  was  found  fastened, 
and  the  place  shut  up, and  there  was  no  person  there  to  give  an  answer,  ["and 
I  am  informed  that  the  said  N.  N.  has  become  bankrupt,"  etc.,  as  the  case 
may  be]." 

6.  Act  of  honour  on  acceptance,  supi'a  protest,  hy  third  parly. — "Now  pro- 
tested for  non-acceptance,  unto  the  coimting-house  of  N.  N.,  who  has  declared 
that  he  will  accept  the  said  bill,  supra  protest,  for  the  honour  of  N,  N.,  the 
the  drawers  ;  holding  the  drawers  and  all  other  proper  persons  responsible  to 
him  the  said  N.  N.  for  the  sum  of  the  said  bill  of  exchange,  and  for  all  interest, 
damages,  and  expenses.  I  have  therefore  granted  this  Consular  Act  of  honour 
accordingly.  Which  I  attest, 

"  (Seal.)  N.  N. 

"  Her  Britannic  Majesty's  Consul  at  ." 

7.  Act  of  honour  on  payment,  supra  protest,  hy  third  piarty. — "Now  pro- 
tested for  non-payment  unto  the  counting-house  of  N.  N.,  who  declared  that 
he  would  pay  the  amount  of  the  said  bill,  supra  protest,  for  the  honour  of 
N.  N.,  the  drawers,  and  of  N.  N.,  the  endorsers  [as  the  case  may  be]  ;  holding 
the  drawers  and  said  endorsers,  and  all  other  proper  persons,  responsible  to 
him  the  said  N.  N.,  for  the  said  sum,  and  for  all  interest,  damages,  and 
expenses.     I  have  therefore  granted  this  Consular  Act  of  honour  accordingly. 

"  Which  I  attest, 
"  (Seal.)  _         ^        N.  N., 

"  Her  Britannic  Majesty's  Consul  at 
*  1,  2,  and  3.  Add  here  only  "non-acceptance." 
4  and  5.      „       „        „     "  non-payment." 
6  and  7.  Ending  as  above-written  under  Nos.  6  and  7. 


APPENDIX. — SECTION   VI.  433 

IV.  Ships'  Protests. 
Heading. 
By  this  public  instrument  of  Protest,  be  it  known  and  made  mani- 
fest unto  all  people  that  on  this  day  of  ,  in  the 
year  of  our  Lord  one  thousand                                                    ,  personally 
came  and  appeared  before  me,  N.  N.,  Her  Britannic  Majesty's  Consul 
at                                            ,  A.  B.,  master  of  the                  or  vessel  the 
belonging  to                          ,  C.  D.,  mate,  and  E.  F.,  seaman  of 
the  said  vessel,  who  did  severally,   duly,  and  solemnly  declare  and 
state  as  follows  ;   that  is  to  say,  (Jiere  narrative  of  facts  as  they  occur)  ed, 
with  dates,  latitude,  and  minute  particulars). 

Ending . 
and  on  the  same  day  this  appearer,  the  said  A.  B.,  appeared 
at  the  office  of  me,  the  said  Consul,  and  caused  his  protest  to  be  duly 
noted.    And  these  appearers  do  protest,  and  I,  the  said  Consul,  do  also 
protest,  against  the  aforesaid  *  \ 

We,  A.  B.,  C.  D.,  and  E.  F.,  do  solemnly  and  sincerely  declare 
that  the  foregoing  statement  is  correct,  and  contains  a  true  account  of 
the  facts  and  circumstances,  and  we  make  this  solemn  declaration, 
conscientiously  believing  the  same  to  be  true,  and  by  virtue  of  the 
pi'ovisions  of  an  Act  made  and  passed  in  the  sixth  year  of  the  reign 
of  His  late  Majesty,  intituled,  An  Act  to  repeal  an  Act  of  the  present 
Session  of  Parliament  intituled.  An  Act  for  the  more  effectual  abolition 
of  Oaths  and  Affirmations  taken  and  made  in  various  departments  of 
the  State,  and  to  substitute  declarations  in  lieu  thereof,  and  for  the 
more  entire  suppression  of  voluntary  and  extra-judicial  oaths  and 
affidavits,  and  to  make  other  provisions  for  the  abolition  of  unneces- 
sary Oaths. 

A.  B. 
CD. 
E.  F. 
Thus  declared  and  protested  in  due  form  of  law  at 
aforesaid,  the  day  and  year  first  before  written.     Before  me,  J 

(L.  S.)  G.  H.,  Her  Britannic  Majesty's  Consul. 

*  If  protest  is  in  consequence  of  storms  and  bad  iveathcr,  here  insert,  "bad 
weather,  gales,  storms,  accidents,  and  occurrences,  and  all  loss  or  damage 
occasioned  thereby." 

f  If  in  consequence  of  collision,  here  insert,  "steamer  or  ship  [as  the  case 
may  be],  and  the  said  collision,  striking  facts,  and  occurrences,  and  all  loss  or 
damage  occasioned  thereby." 

X  Should  the  persons  he  illiterate,  here  insert,  "  the  said  Consul,  the  said 
appearers  being  illiterate  persons,  the  declai'ation  or  protest  was  first  read  over 
in  their  presence,  and  they  seemed  perfectly  to  understand  the  same,  and 
made  their  marks  thereto  in  my  presence." 

3    K 


434  APPENDIX. — SECTION   VI. 

Certification  for  Copy  of  Protest. 

To  all  to  whom  these  presents  shall  come,  I,  N.N.,  Her  Britannic 
Majesty's  Consul  at  ,  do  hereby  certify  that  the  paper  writing 

hereunto  annexed,  purporting  to  be  a  copy  of  a  protest  of  the  master 
and  part  of  the  crew  therein  named,  of  the  ship  or  vessel  , 

bearing  date  the  day  of  last,  is  a  true  and  correct  copy 

of  the  said  protest,  the  same  having  been  carefully  examined  and 
compared  with  the  original  protest,  which  was  made  and  declared 
before  me.  Her  Britannic  Majesty's  Consvil  at  .     In  testimony 

whereof,  I  have  hereunto  subscribed  my  name,  and  aflixed  my  seal  of 
office,  this  day  of  ,  in  the  year  of  our  Lord  one 

thousand 

(Seal)  N.  N., 

Her  Britannic  Majesty's  Consul  at 


V. Protest  by  Merchants  against   the  Master   and  Owners,  in 

CONSEQUENCE      OF      THE     MaSTER      NOT      PROCEEDING      TO      SEA      AFTER 

SIGNING  Bills  of  Lading. 

Proceed  as  in  former  Protest,  as  far  as  "  Her  Britannic  Majesty's 
Consul  at  ."     N,  N.,  of  the  firm  of  N.  N.  and  Co.,  who 

did  solemnly  declare  and  state  as  follows  :  that  is  to  say,  that  this 
appearer  and  his  co-partners,  under  the  said  firm  of  N.  N.  and  Co.,  did, 
on  the  day  of  last,  ship  on  board  the  vessel 

called  the  ,  M.  M.  master,  at  ,  then  bound  on  a 

voyage  from  (here  state  the  destination,  and  describe  the 

goods) ;  and  that  the  said  M.  M.,  the  master  of  the  said  ship,  signed 
the  usual  bills  of  lading  for  the  said  goods  and  merchandise,  and  that 
soon  after  this  appearer's  said  firm  shipped  the  said  goods  on  board 
the  said  vessel  she  was  ready  for  sea,  and  that  the  wind  was  fair,  and 
she  might  have  proceeded  on  her  said  voyage  on  or  about  the 
(Jay  of  last ;  and  that  vessels  bound  to  the  same  port  as 

the  said  vessel  sailed  since  she  was  ready  for  sea,  but  that  she  has  not 
done  so,  although  this  appearer  has  repeatedly  given  notice  to  and 
requested  the  said  master  to  set  sail,  and  proceed  with  the  said  vessel, 
and  the  said  goods  on  board,  on  her  said  intended  voyage  to  ; 

but  that  she  is  still  lying  and  remaining  in  the  port  of  .    Where- 

fore {here  finish  as  in  former  protest,  onhj  adding,  instead  of  "for 
and  in  respect  of  the  said  refusal,"  etc.,  etc.,  "  for  all  negligence,  in- 
attention, and  delay,"  etc.  etc.). 


APPENDIX. — SECTION   VI.  435 

VI. —Protest    by    Shippers    of    Goods    against  the   Master    and 
Owners  of  a  vessel,  in   consequence  of  the  Master's  Refusal, 

AFTER    NOTICE,      TO    SIGN    A    BiLL      OF      LaDING      IN      THE      CUSTOMARY 

form. 

By  this  public  instrument  of  Protest,  be  it  kno«Ti  and  manifest 
unto  all  men,  that  on  the  day  of  ,  in  the  year  of  our 

Lord  one  thousand  eight  hundred  and  ,  personally  came 

and  appeared  before  me,  A.  B.,  Her  Britannic  Majesty's  Consul  at 
,  N.  N.,  of  the  firm  of  N.  N.  and  Co.,  the  shippers  of  goods 
and  merchandise  for  the  vessel  ,  bound  on  a  voyage  to  ; 

who  did  solemnly  declare  and  state,  that  the  goods  or  merchandise 
mentioned  in  the  bill  of  lading  hereinafter  mentioned  were  duly 
shipped  on  board  the  aforesaid  vessel.  That  M.  M.,  the  master  of  the 
said  vessel,  signed  and  gave  a  bill  of  lading  for  the  packages 

of  merchandise  therein  mentioned,  with  the  words  {here  state  the 
Captain's  exception)  written  at  the  foot  hereof,  and  the  appearer, 
N.  N.,  objected  to  the  same,  having  seen  the  said  packages  of 

merchandise  carefully  delivered  at  ,  alongside  the  said  vessel  at 

aforesaid,  in  the  usual  manner,  and  left  imder  the  charge  of 
the  mate  and  crew  thereof;  and  that  on  this  day  of  in- 

stant, this  appearer  did  deliver  to  said  M-  M.,  a  notice  and  demand, 
signed  by  the  said  N.  N.,  of  which  a  copy  is  hereunto  annexed;  but 
the  said  M.  M.  refused  to  comply  therewith,  or  to  sign  or  declare  any 
other  bill  of  lading,  in  another  form. 

And  the  appearer,  the  said  N.  N.,  for  himself  and  his  partners,  trad- 
ing imder  the  firm  of  N.  N.  and  Co.,  and  for  and  on  behalf  of  all  other 
persons,  who  are,  or  shall,  or  may  be  interested  in  the  said  goods  and 
merchandise,  doth  declare  and  protest  before  me,  and  I,  the  said 
Consul,  at  the  request  of  the  said  shippers,  N.  N.  and  Co.,  do  protest 
against  the  owners,  and  the  said  master  of  the  said  vessel,  for  and  in 
respect  of  the  said  refusal  and  neglect  to  sign  and  give  a  correct  bill 
of  lading  for  the  said  goods,  in  the  usual  and  customary  form,  and  for 
all,  in  respect  of  all  fall  of  markets,  loss,  damage,  or  expenses,  which 
the  said  shippers,  or  any  other  person  or  persons  who  is  or  are,  or 
shall  or  may  be  interested  therein,  have  or  hath  incurred,  or  may 
incur,  by  reason  of  these  premises. 

N.  N. 

Thus  protested  in  due  form,  at  aforesaid,  the  day  and  year 

first  before  written ;  befoi'e  me,  A.  B., 

Her  Britannic  Majesty's  Consul,  at 


436  APPENDIX. — SECTION    VI. 

Co])y  of  Notice  referred  to  in  above. 
We,  N.  N.  and  Co.,  shippers  of  packages  of  merchandise,  on 

board  the  ,  for  ,  hereby  give  you  notice,  that  we  object  to  the 

qualification  or  exception  of  packages  in  dispute,  added  without 

our  consent  to  the  bill  of  lading,  signed  by  you  for  the  said  goods  for 
,  and  that  we  hold  you  and  the  owners  of  the  vessel 
responsible  for  the  value  and  safety  of  all  and  every  goods  which  we 
shall  prove  to  have  been  delivered  at  the  said  vessel ;  and  we  demand 
and  require  you  forthwith  to  sign  and  deliver  to  us  a  bill  of  lading  for 
the  said  goods,  in  a  usual,  legal,  and  customary  form  ;  and  we  give  you 
notice,  that  in  default  thereof  we  protest  against  you,  and  hold  you 
and  the  owners  of  the  vessel  responsible  for  all  loss,  damage,  or  ex- 
penses, by  reason  of  the  premises. 

The  day  of  ,  18     . 


VII.  Protest  by  Master  of  a  Vessel  for  Demurrage  and 
CONTINUED  Detention  and  Neglect  and  Delay  in  providing  a 
Cargo  and  despatching  the  Vessel,  pursuant  to  a  Charter- 
party. 

(As  before,  to  the  words  "  H.  B.  M.  Consul  at  .") 

N.  N.,  master  of  the  ship  or  vessel,  the  ,  belonging  to  the 

port  of  ,  who  did  declare  and  state  that  he,  this  appcarer, 

as  such  master  as  aforesaid,  did,  on  or  about  the         day  of  last, 

let  the  said  ship  to  freight  to  M.  M.  {liere  state  nature  of  charter-party, 
that  his  voyage  ivas  completed,  the  cargo  discharged,  and  he  was  ready 
to  take  on  hoard  another;  that  they  began  to  load,  and  then  proceed  as 
follows ) ;  and  that  up  to  the  date  and  making  of  these  presents  they 
have  neglected  and  have  not  completed  the  loading  of  the  said  vessel, 
nor  offered  or  provided  sufficient  goods  for  that  purpose,  and  they  still 
continued   to   detain  her  at  ,   althougji  the  time  herein- 

before mentioned  and  allowed  in  and  by  the  said  charter-party  to  the 
Said  freighter  or  his  agents,  for  dischargmg  and  reloading  the  said 
vessel  at  aforesaid  is  expired,  and  days  over  and  beyond 

the  time  so  allowed  have  already  elapsed ;  and  this  appearer  did  fur- 
ther declare  and  state  that  he  hath  been  detained  during  the  days, 
and  still  is  detained  with  his  said  vessel  at  ,  by  reason  of 

<^elay  and  neglect  of  the  said  freighter  aforesaid ;  and  this  appeai-er 
hath  repeatedly,  during  that  time,  given  notice  to  and  required  the 


APPENDIX. SECTION   VI.  437 

said  freighters  to  complete  the  said  loading,  and  to  despatch  the  said 
vessel  from  ,  pursuant  to  the  said  charter-party.     Where- 

fore, etc.,  etc.  {finish  as  in  foUovnng  proUst). 


VIII.  Protest   by   a   Master    of   a   Vessel   for    Demurrage,    pay- 
able  UNDER  THE   STIPULATIONS   OF  A  Cn ARTER-P ART Y. 

(As  before,  unto  "  H.  B.  M.  Consul.") 
N.  N.,  master  of  the  ship  called  the  ,  belonging  to  the 

port  of  ,  who  did  declare  and  state  that  he,  this  appearer, 

as  such  master  as  aforesaid,  did,  on  or  about  the  day  of 

last,  let  the  said  ship  on  freight  to  M.  M.,  of  ,  and  a  charter- 

party  of  the  said  vessel  for  a  voyage  {here  state  voyage)  was  entered 
into,  dated  on  the  said  day  of  last,  and  made  between 

this  appearer  of  the  one  part,  and  the  said  M.  M.  of  the  other  part, 
for  the  said  voyage,  whereby  it  was  amongst  other  stipulations  engaged 
and  agreed  {here  state  the  nature  of  agreement  as  to  number  of  days  alloioed 
for  unloading  and  loading, etc.).  That  this  appearer,  pursuant  to  the  said 
charter-party,  did  receive  on  board  the  said  vessel,  at  afore- 

said, a  cargo  of  lawful  goods,  provided  and  shipped  by  O.  O.,  agents 
of  the  said  M.  M.,  and  thence  proceeded  therewith  on  board  the  said 
vessel,  direct  to  ,  aforesaid,  where  she  arrived  on  the 

day  of  instant,  where  the  vessel  was  reported  Qiere  go  on 

to  state  nature  of  detention,  number  of  days  consumed,  and  number  of 
demurrage  days,  protesting  for  the  amount  per  day,  and  total  amount). 
Wherefore  the  said  appearer,  N.  N.,  on  behalf  of  the  owners  of  the 
said  vessel,  and  on  behalf  of  himself  as  master,  doth  protest,  and  I, 
Her  said  B.  M.  Consul,  at  his  request  do  also  protest  against  the  said 
freighter,  M.  M.,  and  against  his  agents,  O.  O.,  and  against  all  and 
every  other  person  or  persons  whomsoever  responsible,  or  whom  these 
presents  do  or  may  concern,  and  holding  him  and  them  responsible 
for  the  breach  of  the  said  charter-party,  and  for  all  demurrage,  loss, 
damage,  wages,  and  expenses  incurred,  owing,  or  sustained,  or  to  be 
incui-red  or  sustained  in  consequence  of  such  breach,  delay,  or  deten-* 
tion  as  aforesaid. 

Thus  protested,  etc.,  etc.  {as  informer  Protests.) 


438  APPENDIX. — SECTION  VI. 

IX. — ( Usual  form) — Bottomry  Bond. 

Know  all  men  by  these  presents,  That  I,  A.  B.,  master  of  the  ship 
or  vessel,  called  the  ,  belonging  to  ,  in  ,  am 

held  and  firmly  bound  unto  C.  D.,  of  ,  in  the  county  of  , 

merchant,  in  the  sum  of  of  lawful  British  money,  to  be  paid 

to  the  said  C.  D.,  or  his  certain  attorney,  execxitors,  administrators, 
or  assigns ;  for  which  payment,  well  and  truly  to  be  made,  I  bind 
myself,  my  heirs,  executors,  and  administrators ;  and  also  the  said 
ship  or  vessel,  her  tackle,  apparel,  and  furniture,  and  the  freight  to  be 
earned  by  her  on  her  voyage  after  mentioned,  firmly  by  these  presents 
sealed  with  my  seal.     Dated  the  day  of  ,  one  thousand 

eight  hundred  and 

Whereas  the  said  ship,  or  vessel,  is  lately  arrived  at  from 

aforesaid,  and  having  on  her  voyage  to  the  port  of 
sustained  damage,  and  {here  recite,  clearly,  the  damage  and  circum- 
stances giving  rise  to  the  occasion  of  taking  iip  money  on  the  ad- 
venture and  risk  of  the  voyage,  and  advert  concisely  to  the  repairs, 
etc.,  which  have  been  necessarily  had  to  enable  her  to  proceed  on  her 
voyage)  she  is  now  bound  for,  and  about  to  return  to 
aforesaid ;  and  the  said  A.  B.,  in  order  to  be  enabled  to  pay  for  the 
necessary  repairs  of  the  said  vessel,  and  her  necessary  and  lawful 
disbursements  and  expenses,  and  to  enable  him  to  proceed  to  sea  with 
her  on  the  said  intended  voyage,  hath  requested  the  said  C.  D.  to  lend 
and  advance  the   sum   of  for  the  aforesaid  purposes,  which 

the  said  C.  D.  hath  accordingly  done,  on  the  hazard  and  adventure  of 
the  said  vessel  on  her  said  intended  voyage  from  to  , 

aforesaid ;  and  the  said  master,  A.  B.,  hath  taken  up  the  same  on  the 
hazard  and  adventure  aforesaid. 

Now,  the  condition  of  the  above  obligation  is  such,  that  if  the  said 
ship  or  vessel  do  and  shall,  with  all  reasonable  and  convenient  speed, 
sail  from  the  port  of  ,  aforesaid,  on  the  said  intended  voyage 

to  ,  and  that  without  deviation  (the  perils,  damages,  accidents, 

and  casualties  of  the  seas  and  navigation  excepted)  ;  and  if  the  above 
bounded  A.  B.,  his  heirs,  executors,  or  administrators,  or  the  owners 
of  the  said  vessel,  do  and  shall,  within  ten  days  after  the  said  vessel 
shall  arrive  at  ,  aforesaid,  well  and  truly  pay,  or  cause  to  be 

paid,  i;nto  the  said  C.  D.,  his  agent,  attorney,  executors,  adminis- 
trators, or  assigns,  the  said  sum  of  of  lawful  sterling  British 
money,  together  with  pounds  sterling  per  centum  Bottomry 
premium  thereon ;  or  if  on  the  said  voyage  the  said  vessel  shall  be 
utterly  lost,  cast  away,  or  destroyed  in  consequence  of  fire,  enemies, 
men-of-war,  pirates,  storms,  or  other  the  unavoidable  perils,  dangers. 


APPENDIX. — SECTION   VI,  439 

accidents,  or  casualties  of  the  seas  and  navigation,  to  be  sufficiently 
shown,  or  proved,  by  the  said  A.  B.,  his  executors,  or  administrators, 
or  by  the  owners  of  the  said  vessel,  their  executors,  or  administrators. 
Then  the  above-written  bond,  or  obligation,  to  be  void,  otherwise  to 
remain  in  full  force  and  virtue. 

(L.S.)  A.  B. 

Signed,  sealed,  and  delivered,  etc. 


.    X.  Form  of   a  Respondentia  Bond  on  a  Voyage  to 

Know  all  men  by  these  presents  that  we,  ,  commander 

of  the  ship  ,  and  ,  of  ,  are  held  and  firmly  bound  to 

,  of  ,  merchant,  in  the  sum  or  penalty  of 

pounds  of  good  and  lawful  money  of  Great  Britain,  to  be 
paid  to  the  said  or  to  his  certain  attorney,  execu- 

tors, administrators,  or  assigns,  to  which  payment,  well  and  truly  to 
be  made,  we  bind  ourselves  jointly  and  separately  our  heirs,  execu- 
tors, and  administrators,  firmly  by  these  presents,  sealed  with  our 
seals,  dated  this  daj'  of  ,  in  the  year  of  our  Lord  one 

thousand  eight  hundred  and 

Whereas  the  above-named  has,  on  the  day  of  the  date  above  written, 
advanced  and  lent  unto  the  said  and 

the  sum  of  pounds  upon  the  goods  and  merchandise  and 

effects  laden  and  to  be  laden  on  board  the  good  ship  or  vessel  called 
the  ,  of  the  burden  of  tons,  or  thereabouts,  now 

riding  at  anchor  in  the  river  of  ,  outward  bound  to  , 

and  whereof  is  commander,  by  his  acceptance  of  a 

bill  of  exchange  to  that  amount  at  months'  date  for  the  account 

of  them  the  said  and 

Now,  the  condition  of  this  obligation  is  such,  that  if  the  said  ship  or 
vessel  do  and  shall,  with  all  convenient  speed,  proceed  and  sail  from 
and  out  of  the  said  river  of  ,  on  a  voyage  to  any  port  or  place, 

ports  or  places,  in  ,  or  elsewhere  beyond  the  ,  and 

from  thence  do  and  shall  sail,  return,  and  come  back,  unto  the  said 
river  of  ,  at  or  before  the  end  and  expu-ation  of  calendar 

months,  to  be  accounted  from  the  day  of  the  date  above  written,  and 
there  to  end  her  said  intended  voyage  (the  dangers  and  casualties  of 
the  seas  excepted)  ;  and  if  the  said  and  , 

or  either  of  them,  or  either  of  their  heirs,  executors,  or  administrators, 
do  and  shall,  within  days  next  after  the  said  ship   or  vessel 

shall  be  arrived  at  her  moorings  in  the  said  river  of  ,  from  her 


440  APPENDIX. — SECTION    VI. 

said  intended  voyage,  or  at  or  upon  the  end  and  expiration  of  the  said 
calendar  months,  to  be  accounted  as  aforesaid  (which  of  the 
said  times  shall  first  and  next  happen)  Avell  and  truly  pay,  or  cause  to 
be  paid  unto  the  said  ,  his  executors,  administrators,  or 

assigns,  the  full  sum  of  pounds  of  lawful  money  of  Great 

Britain,  together  with  pounds,  shillings,  of  like 

money  per  calendar  month  for  each  and  every  calendar  month,  and  so 
proportionally  for  a  greater  or  lesser  time  than  a  calendar  month  for 
all  such  time,  and  so  many  calendar  months  as  shall  be  elapsed  and 
run  out  of  the  said  calendar  months,  and  over  and  above 

calendar  months,  to  be  accounted  from  the  day  of  the 

date  above  written  ;  or  if  in  the  said  voyage,  and  within  (he  said 
calendar  months,  to  be  accounted  as  aforesaid,  an  utter  loss  of  the  said 
ship  or  vessel  by  fire,  enemies,  men-of-war,   or  any  other  casualties, 
shall  unavoidably  happen,  and  the  said  and  , 

their  heirs,  executors,  or  administratprs,   do   and  shall,  within 

calendar  months  next  after  such  loss,  well  and  truly  account  for 
(upon  oath,  if  required,)  and  pay  unto  the  said  ,  his 

executors,  administrators,  or  assigns,  a  just  and  proportionate  average 
on  all  the  goods  and  effects  of  ,  carried  from  ,  on 

board  the  said  ship  or  vessel,  and  the  net  proceeds  thereof,  and  on  all 
other  goods 'and  efTects  which  the  said  shall  acquire 

during  the  said  voyage  for  or  by  reason  of  such  goods,  merchandises, 
and  effects,  and  ^vhich  shall  not  be  luiavoidably  lost,  then  the  above- 
written  obligation  shall  be  void  and  of  none  effect,  else  to  stand  in 
full  force  and  virtue. 

Signed,  sealed,   and  delivered  (being  first  duly  stamped)  in  the 
presence  of 


XI. — Bottomry  Bond  {German.) 

Ich,  unterzeichneter,'  Schiffer  von  dem  Schiffe  ^ 

genannt,  bekenne  hiermit  nachdem  Ich  auf  meiner  Reise  von' 
nach'  Schaden  an  meinen  Schiff  bekommen,  und  in  *  als 

Nothhafen  habe   einlaufen   mussen   zur  Reparatur  dieses  Schadens 
und  Unkosten  von  dem  Herrn  ^  in  ^  empfangen  zu  haben 

die  Summe  von '  worunter  *  fiir  Seegefahr 

'  Name  of  captain.  ^  Name  of  lender  of  money. 

^  Name  of  ship.  ^  Where  lender  of  money  is  residing. 

^  Port  of  starting,  and  destination.  Amount  taken. 

Port  where  the  vessel  has  run  into.  ^  Per  centage  of  maritime  interest. 


APPENDIX. SECTION   VI.  441 

begriffen  sind,  und  zwar  dieses  aiif  Bodmerei  und  Gefahr  der  See,  auf 
meinem  SchifFe  ^  genannt,  und  dessen  Fracht. 

Ich  gelobe  und  verspreche  da  Ich  nun  Mieder  mit  meinem  Schiffe 

fertig  liege,  um  nach^  meine  Reise  fortzusetzen,  obcngenannte 

Summe  von  ^  oder  deren  V\'erth,  an  die  Ordre  von  Herren  * 

oder  den  ersten  Inhaber  dieses,  gleich  nach  gescliebener 

gliicklicher  Ankiinft  in  Amstei-dara  wieder  zu  bezahlen. 

Zur  Erfiillung  des  Vorbesagten  verpfande  Ich  mein  Schiff  und  dessen 
Fraclit  ohne  Ausnahme,und  unterwerfe  mich  zur  reellen  Execution  alien 
und  eines  jeden  Orts  Ricbtern  und  Gericbtern ;  entsage  bUndigst  allem 
demjenigen,  so  dagegen  auf  ivgend  eine  Art  eingewendet  werden 
konnte  oder  moclite.  Sollte  beim  Verungbicken  oder  Scbadcu,  das  dem 
Scbift'e  Ubevkommen  wiirde,  davon  etwas  geborgen  oder  gerettet  wer- 
den,  sr?  soil  es  zum  Vortbeile  der  Bodmerei  komrae'n. 

Zur  Befestigimg  der  Wabrbeit  und  alles  hierin  Erwahnten  babe  Ich 
zwei  gleicblautende  Bodmereibriefe,  eines  Inbalts,  in  Gegenwart  des 
Koniglicben  Britiscben  Consuls  zu  ^  unterscbrieben,  woven 

aber,  wenn  eins  bezablt  ist,  das  andere  keinen  Werth  mebr  hat. 
0  den  , "  18     . 

Das  obige  Verbandlung,  in  meiner  Gegenwart  gescbeben,  bezeuge 
I-cb  durcb  meines  Namens  UnterscbrLft  und  officiales  Siegel. 

,«  den  ,«  18     . 

Koniglicber  Britiscber  Consul- 


XII.   Bottomry  Bond  (French). 


Je  soussigne  ,  demeurant  a  ,  maitre  apres  Dicu 

du  bS,timent  nommo  ,  du  port  de  tonneaux  ou  environ, 

a  present  devant  le  port  et  biiATe  de  ,  confesse  avoir  regu  en 

argent  comptant,  h  la  grosse  aventure  de  la  mcr,  de  vous  la 

somme  de  francs,  tant  sur  le  corps,  quille,  agres,  apparaux,  et 

avitaillemens,que  pour  subvenir,  au  paiement  et  acquittement  des  droits 
et  devoirs  dus  de  mon  batiment,  ensemble  le  frais  et  avitailles ;  de 
laquelle  somme  ledit  court  tons  les  risques  de  la  mer,  et 

autres  quelconques,  jusqu'^  ce  que  je  sois  arrive  et  aie  mouille  mes 
ancres  audit  lieu  de  .     Ce  qu  etant  fait,  je  promets  et  m'obbge 

1  Name  of  ship.  *  Port  where  Consul  resides  before 

2  Port  of  destination.  whom  Bottomry  Bond  is  made, 

3  Amount  taken.  ^  Date  of  Bond. 

*  Names  of  lenders.  '  Signature  and  seal  of  Consul. 

3  L 


442  APPENDIX. — SECTION   VI. 

de  payer  audit  ,  on  h  son  ordre,  la  somme  de  francs, 

dans  laquelle  somme  est  compris  le  benefice  de  grossc  h  raison  de 
francs  ponr  cent,  k  cause  desdits  risques,  lui  affectant  et 
hypotliequant,  pour  cet  effet,  mon  batiment,  agres,  apparaux,  fret,  et 
tons  mes  biens,  tant  meubles  qix'immeubles,  presens  et  a  venir ;  et 
par  expres  j 'oblige  ma  personne,  conformement  a  I'ordonnance  ;  et  en 
cas  de  perte  totale  ou  de  prise  jugee  bonne,  je  serais  quitt6  et  decliargo 
du  paiement  en  principal  et  benefice ;  mais  s'il  se  sauve  quelque  chose, 
il  demeurera  al!ect6  au  susdit  pret  h  la  grosse,  suivant  les  us  et  cou- 
tumes  de  la  mer.  En  foi  de  quoi  j'ai  signe  deux  obligations  d'une 
meme  teneur ;  et  I'luie  etant  accomplice,  I'autre  demeurera  de  nulle 
valeiir.  Veux  et  entends,  en  outre,  que  la  susdite  obligation  de  gi'osse 
ait  autant  d'efTet  et  valevir  que  si  elle  avait  6te  passee  devant  notairc, 
et  en  pr6sence  des  temoins.  * 

Fait  a, 


XIII.  Passport. 

We,  N.  N.,  Her  Britannic  Majesty's  Consul  at  ,  request 

and  require,  in  the  name  of  Her  Majesty,  all  those  whom  it  may  con- 
cern, to  allow  (here  state  name,  profession,  etc.)  to  pass  freely,  without 
let  or  hindrance,  and  to  afford  every  assistance  and  pro- 

tection of  which  may  stand  in  need. 

Given  at  the  British  Consulate  at  ,  the  day  of 

,18     .  (Signature) 

(Seal) 


XIV.    Passport   Vise. 


English. — Seen  at  the  Royal  British  Consulate,  and  good  for    the 
voyage  to 

French. — Vu  au  Consulat  Britannique  pres 
Bon  pour  se  rendre  au 
or,  Bon  pour 

Italian. — Visto  in  questo  Consolato  Britanico.     Buono  per 

German. — Gesehen  beim  Koniglichen  Britischen  Consulate  zu 
und  gliltig  fiir  die  Reisc  nach 

,  den  ,18     . 


APPENDIX. — SECTION   VI.  443 

XV.  Order  of  Survey  of   a   Vessel. 

British  Consulate,  ,18     . 

Gentlemeu, — On  tlie  requisition  of  Mr.  ,  Master  of  the 

British  ,  called  the  ,   I  hereby  request  you 

jointly  and  severally  to  examine  and  inspect  the  said  vessel,  and  to 
report  as  to  the  cause  of  the  leak  which  obliged  her  to  put  into  this 
port  (or  as  the  case  7nuij  he.) 

I  haye  the  honour  to  be,  etc., 
(l.  s.)  (Consul's  Signature.) 

To  Mr.  ,  Master  of  the 

s,    Mr.  ,  Shipwright. 


XVI.   Order  of   Survey  of  Damaged  Goods. 

Gentlemen, — On  the  requisition  of  Mr.  ,  I  hereby  re- 

quest you  jointly  and  severally  to  examine   and  inspect  the  cargo 
of  (or  as  the  case  may  he)  which  has  been  landed  from  the 

British  ,  called  the  ,  Master,  and  now 

warehoused  in  the  {describe  the  store),  in  order  to  declare  the  actual 
condition  of  the  said  cargo  as  to  sea  damage. 

I  have  the  honour  to  be, 
(l.  s.)  (Consul's  Signature.) 

To  Messrs.  ,  Merchants. 

,,         „  ditto. 


XVII.    Survey   of   Goods.* 


Pursuant  to  the  annexed  Order  of  Survey  unto  us  directed,  we 
hereby  declare  that  we  repaired  to  the  store  (describe  the  store)  and 
then  and  there  particularly  viewed,  examined,  and  surveyed,  (de- 
scribe the  goods)  from  on  board  the  ,  whereof 
is  Master,  from  ,  as  the  same  were  produced  and  shown  to 
us  by  ;  and  we  find  after  due  inspection,  the  said 
to  be  (as  the  case  may  be).  This  we  have  done,  and  do  now  report  at 
under  our  hands  and  seals  this  day  of  ,  18     . 

(Signatures  of  Surveyors.) 
Signed  before  me.  Her  Britannic  Majesty's  Consul,   the  day  and 

month  above  stated. 
(L.  s.)  (Consul's  Signature.) 

*  Green  on  the  Consular  Service. 


444  APPENDIX. — SECTION   VI. 

XVIII.  (Clean)  Bill  of  Health  in  English. 

We,  A.  B.,  Esq.,  Her  Britannic  Majesty's  Consul  at  , 

do  hereby  certify  that  called  the 

of  ,  burthen  per  Register 

tons,  commanded  by  ,  navigated  by 

men,  and  having  on  board  passengers,  being  in  all  per- 

sons on  board,  leaves  this  port  of  in  free  pratique  {or,  in 

quarantine),  bound  for 

We  further  certify  that  good  health  is  enjoyed  in  this  to"OTi  and  the 
adjacent  country,  without  any  suspicion  of  plague  or  contagious  dis- 
temper whatsoever. 

In  witness  whereof,  we  have  hereunto  set  our  hand  and  seal  of 
office,  at  ,  this  "  day  of  ,  18     . 

(l.  s.)  (Signature  of  Consul.) 


Bill  of  Health  in  French, 


Nous,  A.  B.,  Consi\l  de  Sa  Majesty  Britannique,  &c. 
Certifions  que  le  Navire  sous  pavilion  de 

tonneaux  ,  appele  ,  et  command6  par  , 

part  en  libre  pratique  {or  "  en  quarantaine  ")  pour  II 

a  hommes  d'eqnipage  y  compris  le  capitaine,  con- 

formement  au  r61e,  et  passagers.     En  tout  on  est 

personnes  abord.     Le  chargement  est  compose  de 
conformement  au  manifeste  particulier  des  marchandises.     Toutes  les 
personnes  abord  sont  en  bonne  sarit6. 

Notre  ville  et  ses  environs  jouissent,  griice  ^  Dieu,  d'une  parfaite 
sant6. 

Donn6  'k  le  ,  18     . 

Le  Consul  d'Angleterre. 
(l.  s.)  (Signature.) 


Bill  of  Health  in  Italian. 

II  Regio  Consolato  Britannico  in 
Fa  plena  ed  indubitata  Fede,  che  questo  porto  e  questa  provincia 
{or,  quest'  Imperio)  sono  (Iddio  lodato)  sani  e  liberi  d'ogni  minimo 
sospetto  di  qualsiasi  mal  contagioso,  e  parteudo  da  qui  in  libera 
pratica  il  {here  put  tvhut  vessel  is)  di  Bandiera  Britannica  nominato 
{name)  della  portata  di  tonnellate  {tonnage)  diretto  dal  capitano  {name  of 
captain)  con  I'equipaggio  di  persone  {fiumher  of  crew)  passaggieri  {tium- 
her  of  passengers)  in  tutto  persone  {total  number  of  people)  esso  cajjitano 
compreso  con  carico  {cargo)  per  recarsi  in  {port  of  destination)  venne 


APPENDIX. — SECTION   VI.  445 

esso  munito  del  presente  ampio  documento  per  valersene  ovvmque 
approdi,  potendo  a  quest'  imbarcazione  essere  data  sicura  e  spedita 
pratica.  II  di  ,  18     . 

II  Regio  Console  Britannico, 
(l.  s.)  (Signature.) 


XIX.  Manifest  of  Cargo. 


British  Consulate  at 
Manifest  of  merchandise  laden  on  board  the  British 
called  the  ,  of  master,  burthen  ])y 

register  tons,  or  thereabouts,  bound  for 


Shippers. 

Consignee. 

Mark  and  Numbers. 

Packages. 

Description. 

I  hereby  declare  the  above  to  be  a'  true  and  faithful  manifest  of 
all  the  merchandise  laden  on  board  the  said  vessel  under  my 
command. 

(Master's  Signature.) 
Appeared  personally  before   me,  the  above-named  master  of  the 
British  called  the  ,  of  ,  who  signed  the 

foregoing  in  my  presence,  and  declared  it  to  be  a  true  and  correct 
manifest  of  all  goods  or  merchandise  laden  on  board  his  vessel  in 
,  this  port.     In  witness  whereof  I  have  hereunto  set  my  hand  and  seal 
of  office  at  ,  this  day  of  ,  18     . 

(l.  s.)  (Consul's  Signature.) 


XX.  Certificate  of  Origin,  or  Growth,  or  Manufacture  of 
Produce. 

Personally  appeared   before   me,  A.  B.,   Her   Britannic   Majesty's 
Consul,  C.  D.,  merchant  of  ,  and  made  oath  that  , 

containing  ,  weighing  net  or  thereabouts  ,  marked 

,  No.  ,  (or  as  the  case  may  he),  and  shipped  on 

board  the  ship  or  vessel  called  ,  of  ,  bound 

for  ,  is  really  and  bonS,  fide  the  growth,  produce,  and 

manufacture  of  ,  and  was  grown,  produced,  or  manufactured 

at  ,  in  the  kingdom  of  {or  as  the  case  may  be.) 

(Signature  of  Appearer.) 
Sworn  before  me,  this  day  of  ,  18     . 

(l.  s.)  (Signature  of  Consul.) 


446  APPENDIX. — SECTION   VI. 

XXI.  Policy  of  Insurance. 

In  the  Name  of  God,  Amen, 
as  well  in  own  name,  as  for  and  in  the  name  and  names  of  all  and 

every  other  person  or  persons  to  whom  the  same  doth,  may,  or  shall 
appertain,  in  part  or  in  all,  doth  make  assurance,  and  cause  , 

and  them,  and  every  one  of  them,  to  be  insured,  lost  or  not  lost,  at  and 
from  upon  any  kind  of  goods  and  merchandises,  and  also 

upon  the  body,  tackle,  apparel,  ordnance,  munition,  artillery,  boat,  and 
other  furniture,  of  and  in  the  good  ship  or  vessel,  called  the  , 

Avhereof  is  master,  under  God,  for  this  present  voyage, 
or  whosoever  else  shall  go  for  master  in  the  said  ship,  or  by  whatso- 
ever other  name  or  names  the  said  ship,  or  the  master  thereof,  is  or 
shall  be  named  or  called ;  beginning  the  adventure  upon  the  said 
goods  and  merchandises,  from  the  loading  thereof,  aboard  the  said  ship, 
at  upon  the  said  ship,  etc.  ,  and  so  shall  continue 

and  endure,  during  her  abode  there,  upon  the  said  ship,  etc.     And 
further,  until  the  said  ship,  with  all  her  ordnance,  tackle,  apparel,  etc., 
and  goods  and  merchandises,  whatsoever,  shall  be  arrived  at 
upon  the  said  ship,  etc.,  until  she  hath  moored  at  anchor  twenty-four 
hours  in  good  safety ;  and  upon  the  goods  and  merchandises  until  the 
same  be  there  discharged  and  safely  landed.    And  it  shall  be  lawful  for 
the  said  ship,  etc.,  in  this  voyage,  to  proceed  and  sail  to,  and  touch  and 
stay  at  any  port  or  places  whatsoever  and  wheresoever, 
without  prejudice  to  this  insurance.     The  said  ship,  etc.,  goods  and 
merchandises,  etc.,  for  so  much  as  concerns  the  assureds,  by  agree-, 
ment  between  the  assureds  and  assurers  in  this  policy,  are  and  shall  be 
valued  at 

Touching  the  adventures  and  perils  which  we  the  assurers  are  con- 
tented to  bear,  and  do  take  upon  us  in  this  voyage ;  they  are  of  the 
seas,  men-of-war,  fire,  enemies,  pirates,  rovers,  thieves,  jettisons,  letters 
of  mart  and  counter  mart,  surprisals,  takings  at  sea,  arrests,  restraints, 
and  detainments  of  all  kings,  princes,  and  people,  of  what  nation,  con- 
dition, or  quality  soever:  barratry  of  the  master  and  mariners,  and  of 
all  other  perils,  losses,  and  misfortunes  that  have,  or  shall  come  to  the 
hurt,  detriment,  or  damage  of  the  said  goods  and  merchandises,  and 
ship,  etc.,  or  any  part  thereof.  And  in  case  of  any  loss  or  misfortune, 
it  shall  be  lawful  to  the  assureds,  their  factors,  servants,  and  assigns, 
to  sue,  labour,  and  travel  for,  in  and  about  the  defence,  safeguard,  and 
recovery  of  the  said  goods  and  merchandises,  and  ship,  etc.,  or  any 
part  thereof,  without  prejudice  to  this  insurance  ;  to  the  charges 
whereof  we  the  assurers  wiD  contribute,  each  one  according  to  the  rate 
and  quantity  of  his  sum  herein  assured      And  it  is  agreed  by  us  the 


APPENDIX. — SECTION  VI.  447 

insurers,  that  this  writing  or  policy  of  assurance  shall  be  of  as  mucli 
force  and  effect  as  the  surest  WTiting  or  policy  of  assurance  heretofore 
made  in  Lombard-street,  or  in  the  Royal  Exchange,  or  elsewhere  in 
London,  And  so  we  the  assurers  are  contented,  and  do  hereby  pro- 
mise and  bind  ourselves,  each  for  his  own  part,  our  heirs,  executors, 
and  goods,  to  the  assureds,  their  executors,  administrators,  and 
assigns,  for  the  true  performance  of  the  premises,  confessing  ourselves 
paid  the  consideration  due  iiuto  us  for  this  assurance  by  the  assureds, 
at  and  after  the  rate  of 

In  witness  whereof,  we  the  assurers  have  siibsci'ibed  our  names  and 
sums  assured  in  London. 

N.B.  Corn,  fish,  salt,  fruit,  flour,  and  seed,  are  warranted  free  from 
average,  unless  general,  or  the  ship  be  stranded.  Sugar,  tobacco, 
hemp,  flax,  hides,  and  skins,  are  warranted  free  from  average  under 
five  pounds  per  cent.;  and  all  other  goods,  also  the  ship  and  freight, 
are  warranted  free  from  average  under  three  pounds  per  cent.,  unless 
general,  or  the  ship  be  stranded. 


XXIL  Bills  of  Lading. 


Shipped  in  good  order  and  well-conditioned  by  ,  in  and 

upon  the  good  ship  called  the  ,  whereof  is  master  for 

this  present  voyage  ,  and  now  in  the  port  of  ,  and 

bound  for  to  say  being  marked  and  numbered 

as  in  the  margin,  and  are  to  be  delivered  in  the  like  good  order  and 
well-conditioned,  at  the  aforesaid  port  of 

(the  act  of  God,  the  Queen's  enemies,  fire,  and  all  and  every  other 
dangers  and  accidents  of  the  seas,  rivers,  and  navigation  of  whatever 
nature  and  kind  soever  excepted)  unto  ,  or  assigns,  he  or 

they  paying  freight  for  the  said  goods  ,  with  primage, 

and  average  accustomed.  In  witness  whereof  the  master  or  purser  of 
the  said  ship  hath  affirmed  to  bills  of  lading  all  of  this 

tenor  and  date,  the  one  of  which  bills  being  accomplished,  the  others 
to  stand  void. 

Dated  in  ,  the  day  of  ,18.- 


448  APPENDIX. — SECTION   VI. 

Shipped,  in  good  order  and  Avell-conditioned,  by  ,  in  and 

upon  the  good  steam  ship  called  the  ,  whereof  is  master 

for  this  present  voyage  ,  and  now  riding  at  anchor  in  the 

,  and  bound  for  to  say  being 

marked  and  numbered  as  in  the  margin,  and  are  to  be  delivered  in  the 
like  good  order  and  well-conditioned,-  at  the  aforesaid  port  of 
(the  act  of  God,  the  Queen's  enemies,  fire,  machinery,  boilers,  steam, 
and  all  and  every  other  dangers  and  accidents  of  the  seas,  rivers,  and 
steam  navigation,  of  whatever  nature  and  kind  soever  excepted)  inito 
or  to  assigns  freight  for  the  said 

goods  ,  with  primage  and  average  accustomed.     In  witness 

whereof,  the  master  or  purser  of  the  said  ship  hath  aflfu-nied  to 
bills  of  lading,  all  of  this  tenor  and  date ;  the  one  of  which 
bills  being  accomplished,  the  other  to  stand  void. 

Dated  in 


XXIII.  Charter-party. 

London,  ,18     . 

It  is  this  day  mutually  agreed  between  of  the  good  ship 

or  vessel,  called  the  ,  of  the  measurement  of 

tons  or  thereabouts,  now  ,  and  ,  of  , 

merchant ;  ,  that  the  said  ship  being  tight,  staunch,  and 

strong,  and  every  way  fitted  for  the  voyage,  shall  ,  which 

the  said  merchant  bind  to  ship  not  exceeding 

what  she  can  reasonably  stow  and  carry,  over  and  above  her  tackle, 
apparel,  provisions,  and  furniture  ;  and  being  so  loaded  shall  therewith 
proceed  to  or  so  near  thereunto  as  she  may  safely  get,  and 

deliver  the  same  on  being  paid  freight 

(Restraint  of  princes  and  rulers,  the  act  of  God,  the  Queen's  enemies, 
fire,  and  all  and  every  other  dangers  and  accidents  of  the  seas,  rivers, 
and  navigation,  of  whatever  nature  and  kind  soever,  during  the  said 
voyage,  always  excepted). 

The  freight  to  be  paid  on  unloading,  and  right  delivery  of  the  cargo, 

running  days  are  to  be  allowed  the  said  merchant 

(if  the  ship  is  not  sooner  despatched)  for  loading  the  said  ship,  at 

,  and  days  on  demurrage  over  and  above  the 

said  laying  days  at  £        per  day. 

Penalty  for  non-performance  of  this  agreement,  £ 


APPENDIX. — SECTION    VI. 


449 


O  n! 
WOO) 

n:  °  o 
^  <=- 


p."   » 


>  .9 


1    C  c3 


C3  ^ 


bB 


.2  ° 
P.f».2 


Sm  t    M 


CO  >> 


°  c  »j 

c3   rt  (U 
c  aj- 

£  ^  ^ 

•S.S 


^  £  e 

fe    05    F 


M  "  t;  "C  •"3 

OJ  0)   ^   O)  ,-^ 

S     .3 


RECEIVED  ON  THE  WITHIN  WRITTEN  NOTE. 


2.     «   ^ 


Date. 

Sun          j 
received. 

Si^iiiature  of 
Payee. 

£ 

s. 

d. 

1 

i 



— 



CO  C 


s      ^ 


3  M 


450 


APPENDIX. SECTION    VI. 


!  «I  t' "S-r 


'^  ^ 


o  o 


)  3  33 

o  S 
5  c 


^-^  Ej  o  "o  ;^ 


2  &=  a  s  ■;:  «  o  =  o  -i  j:  ■£  i-  o  'i:  .S  is  -  is 


Sx5  5  ' 


°=!2  2  c^.2  S-  P  Sf-S  ^-'^  rt-  «  ^  §^ 


rt  =  5  , 


c-^' 


■  Ji  S  "^ 


i  I 


9  =•"  "        "-^  5  51*5  "  c  =5  "  _  -^  <n  ?,  -i  «-="    I    en.      ^  C  C3  " 


S  »J  S  ~  ^  5  "*^  ai  .u  >-   I   rt  —  ?■  u      tS 


_ 

>> 

03 

KJ 

>-. 

0 

> 

0 

a 

rt 

tp 

2  " 

i^ 

0 

■^ 

|=- 

3 

-a 

iJ 

5 

■s. 

0 

(U 

B 

0 

*-> 
♦J 

la  0 
0 

0 

0 

3 

0 

h  ° 

5  ■^ 

s 

m  ? 

tH 

S 

•2   " 

0       ^ 

>, 

^     ^ 

-.. 

-£  — 

QJ 

5 

u. 

bD 

;i 

^ 

rt 

rt 

n. 

e2 

0 

0 

t.^ 

S 

.2 

cc 

«^ 

S 

r— 

T3 

.2 

£^ 

P< 

0 

a 

>. 

P^ 

-::>■•:: 

t*-. 

U^i^  ^^ 

rt 

a; 

!-  i:  4  a  a  X  fi 

w  S  H  &  H  fa  as 

0 

1 

*                                                                      S3 

■r. 

* 

APPENDIX. — SECTION   VI. 


451 


■(Aire  J!) 

■o.v  3U10H  JO 

aaijjo  aiiiddiqs 

•sinninr  JO 

ajnii:.i>fTi;S.J3) 

Coo 

•s 

•i 

^ 

5  0^ 

1^ 

"^                                          ! 

! 

1 

5^ 

-a 

'i 

<^ 

sit  1 

In  what  capa- 
city eiu;ai;ed, 
and.  if  Mate, 
No.  of  his  Cer- 
tificate (if  any). 

m 

■a-5  ^  2" 

Ills 

tjr 

pun.i  JO  -ojj 

'0^^ 

< 

Signatures  of 
Crew. 

m  3 
Do 

M  S   . 

PS  £; 

O  "J= 

S  >  CO 

Eh  t^  j; 

S  So 

^  5:  3 
W  •-  S 

Ph  s 


o  t^  S  «t-i      ^ 

f  i^J  ^ 
5    ^  1 

o  *^  2^  0) 
>-  c  o  c 

_C3  •«  *J    O 
'O  .-    2     1       • 
(D  '.^   re  r— 


Port  at  which 

Assignment  (if  any) 

was  registered. 

0° 

■-  *  5 
fc  fc!  aj 

•533 

Christian  and  Sur- 
names of  thr 
Apprentice.N  at 
lengtli. 

—    C    wi    ^ 


c.=  -5  =.9 


i  o  tio 


3.2' 


'  3.  %f  Ec  S  «  t;  - 
;=  ST—      °  ■'^  S  J 

:      «  ^  c  ^  -^■>  ..  f 


i'i6l|t:S 


J  ^ 


Vi 

V>1 


C  t»  "C  e  "^  3 
E  •?  g  .5 ."-.  .£ 

S  H  ^  .■§  .5-  S  i 


452  APPENDIX.  —  SECTION    VI. 

XXVI.  Parish  Apprentice's  Indenture. 

This  Indenture,  made  the  day  of  ,  18    ,  between 

,  *  overseers  of  the  poor  of 

the  ^parish  of  ,  in  the  division  of  ,  in 

the  county  of  ,  of  the  one  part,  and  ,  of  , 

in  the  county  of  *  of  the  ship  , 

registered  at  the  port  of*  ,  and  numbered  of  the  other 

part :  Whereas,  ,  a  poor  boy,  who  is  (and  whose  =  parents 

are)  chargeable  to,  and  maintained  by  the  said  parish,  has,  of  his  own 
free  will,  consented  to  be  bound  apprentice  to  the  said  : 

and  whereas,  hy  the  ^  copy  hereunto  annexed  of  the  entry  of  his 
baptism  in  tJie  Register  Book  in  the  parish  of  ,  in  the 

county  of  ,  it  appears  that  he  has  attained  the  age  of 

years.     And  whereas  and  ,  two  of 

Her  Majesty's  Justices  of  the  Peace,  are  satisfied  that  the  said  boy 
has  freely  consented  to  be  bound  apprentice,  and  has  attained  the  age 
aforesaid,  and  is  of  sufficient  health  and  strength,  and  that  the  said 
is  a  proper  person  to  whom  to  bind  the  said  boy,  and 
have,  in  testimony  of  their  being  so  satisfied,  signed  this  indenture  : 
Now  this  Indenture  witnesseth,  that  they,  the  said  overseers  of  the 
poor,  do  hereby  bind  the  said  apprentice,  in  the  sea 

service,  to  the  said  ,  his  executors  and  administrators,  and 

the  assigns  of  such  executors  or  administrators,  or  of  the  widow  of 
the  said  (who  are  herein-after  termed  "  master  or  mas- 

ters "),  according  to  the  provisions  of  the  Statute  in  that  behalf,  for 
the  term  of '  years  from  the  date  hereof.    And,  during  such  term, 

the  said  apprentice  shall  faithfully  serve  his  said  master  or  masters  for 
the  time  being,  and  obey  his  and  their  lawful  commands,  and  keep  his 
and  their  secrets,  and  shall,  when  required,  give  to  him  or  them  true 
accounts  of  any  of  his  or  their  goods  or  money,  which  may  be  com- 

^  If  there  are  other  officers  who  perform  the  duties  of  overseers  tliey  must 
execute  the  Indenture,  and  their  title  should  be  substituted  for  the  words 
"  Overseers  of  the  Poor." 

^  The  proper  title  of  any  district  separately  maintaining  its  own  poor  may 
be  substituted  for  the  word  "  Parish." 

^  Here  insert  "Master,"  or  "Owuei',"  as  the  case  may  be. 

■*  This  must  be  a  Port  in  the  Uuited  Kingdom. 

^  If  this  is  not  so  it  should  be  struck  out. 

S.  This  copy  must  be  given  by  the  minister  without  fee.  If  the  entiy 
canuot  be  found  the  words  in  italics  must  be  erased,  and  the  words,  "from 
such  information  as  it  has  been  found  possible  to  obtain,  the  entry  of  his  haptism 
not  having  been  found,"  substituted.  The  boy  must  be  above  twelve,  and 
under  seventeen. 

'  This  must  not  be  less  than  four  or  more  than  seven ;  and  must  not  extend 
beyond  tlie  time  at  which  the  apprentice  will  attain  twenty-one. 


APPENDIX. — SECTION    VI.  453 

mitted  to  the  charge,  or  come  to  the  hands,  of  the  said  apprentice  : 
and  shall,  in  case  the  said  apprentice  enters  Her  Majesty's  service 
during  the  said  terra,  duly  account  for  and  pay  or  cause  to  be  paid  to 
his  said  master  or  masters  for  the  time  being,  all  such  wages,  prize 
money,  and  other  monies  as  may  become  payable  to  the  said  appren- 
tice for  such  service  :  And  shall  not,  during  the  said  term,  do  any 
damage  to  his  said  master  or  masters  for  the  time  being,  nor  consent 
to  any  such  damage  being  done  by  others,  but  shall,  if  possible, 
prevent  the  same,  and  give  his  said  master  or  masters  warning 
thereof;  and  shall  not  embezzle  or  waste  the  goods  of  his  said  master 
or  masters,  nor  give  or  lend  the  same  to  others  without  his  or  their 
licence,  nor  absent  himself  from  his  or  their  service  without  leave ; 
nor  frequent  taverns  or  alehouses,  unless  upon  his  or  their  business  ; 
nor  play  at  unlawful  games.  In  consideration  whereof,  the  said 
hereby  agrees  with  the  said  overseers '  and  their  succes- 
sors, that,  during  the  said  term,  the  said  master  or  masters  for  the 
time  being  will  and  shall  teach  the  said  apprentice  or  cause  him  to  be 
taught  the  business  of  a  seaman,  and  provide  the  said  apprentice  with 
sufficient  meat,  drink,  lodging,  washing,  medicine,  and  medical  and 
surgical  assistance,  and  all  other  things  necessary  or  fit  for  an  ap- 
prentice ;  and  so  provide  for  the  said  apprentice,  that  he  be  not  a 
charge  to  the  said  parish  ;  and  indemnify  the  said  parish  against  any 
charge  in  respect  of  the  said  appi-entice  during  the  term  of  his  appren- 
ticeship. 

(Signature  of  Justices.) 
(l.  s.)  (Seal  and  Signature  of  Overseers.) 

(l.  s.)  (Seal  and  Signature  of  Master.) 

(l.  s.)  (Seal  and  Signature  of  Apprentice.) 

We,  the  ^Guardians  of  the  Union,  within  which  the  said 

parish  of  is  included,  consent  to  the 

binding  of  the  said  to  the  said  ,  and  have,  in 

testimony  thereof,  caused  our  official  seal  to  be  hereunto  annexed  at  a 

meeting  of  the  Board  this  day  of  ,  18     . 

(Seal    (l.  s.)    of  Board.) 

Executed  in  my  presence,  this  day  of  ,  18     . 

(Signature  of  Constable  or  person  employed 

to  convey  the  apprentice.) 

(Signature  of  presiding  Chairman.) 

(Clerk.) 

Registered  at  the  port  of  ,  this  day  of  ,  18     . 

Signed, 

^  Insert  other  title  if  necessary. 

^  These  words  must  bo  adapted  to  the  circuuibtauces  of  the  case. 


454  APPENDIX. SECTION    VI. 

Note. — This  indenture  must  be  executed  in  duplicate,  both  copies 
must  be  taken  to  the  llegistrar-General  of  Seamen  ;  or  if  in  the  out- 
ports,  to  some  Shipping  Master ;  one  copy  will  then  be  retained  and 
recorded,  and  the  other  returned  to  the  master  with  the  necessary 
indorsement. 


Ordinary  Apprentice's  Indenture. 

This  Indenture,  made  the  day  of  ,18         ,  between 

aged  years,  a  native  of  ,  in  the  county 

of  ,  of  the  first  part,  of  ,  in  the  county 

of  ,  of  the  second  part,  and  *  ,  of  ,  in 

the  county  of  ,  of  the  third  part,  Witnesseth,  That  the  said 

hereby  voluntarily  binds  himself  apprentice  unto  the 
said  ,  his  executors,    administrators,  and  assigns,  for 

the  term  of  years  from  the  date  hereof;  and  the  said  appren- 

tice hereby  covenants  that,  during  such  time,  the  said  apprentice  will 
faithfully  serve  his  said  master,  his  executors,  administrators,  and 
assigns,  and  obey  his  and  their  lawful  commands,  and  keep  his  and 
their  secrets,  and  will,  when  required,  give  to  him  and  them  true 
accounts  of  his  or  their  goods  and  money  which  may  be  committed  to 
the  charge,  or  come  into  the  hands,  of  the  said  apprentice  ;  and  will, 
in  case  the  said  apprentice  enters  Her  Majesty's  service  during  the 
said  term,  duly  account  for  and  pay,  or  cause  to  be  paid,  to  his  said 
master,  his  executors,  administrators,  or  assigns,  all  such  wages,  prize 
money,  and  other  monies  as  may  become  payable  to  the  said  appren- 
tice for  such  service  ;  and  that  the  said  apprentice  will  not,  during  the 
said  term,  do  any  damage  to  his  said  master,  his  executors,  adminis- 
trators, or  assigns,  nor  will  he  consent  to  any  such  damage  being  done 
by  others,  but  will,  if  possible,  prevent  the  same,  and  give  warning 
thereof;  and  will  not  embezzle  or  waste  the  goods  of  his  master,  his 
executors,  administrators,  or  assigns,  nor  give  or  lend  the  same  to 
others  without  his  or  their  license :  nor  absent  himself  from  his  or 
their  service  without  leave  ;  nor  frequent  taverns  or  alehouses,  unless 
upon  his  or  their  business;  nor  play  at  unlawful  games:  In  con- 
sideration Avhereof,  the  said  master  hereby  covenants  with  the  said 
apprentice,  that  durmg  the  said  term  he,  the  said  master,  his 
executors,  administrators,  and  assigns,  will  and  shall  use  all  proper 
means  to  teach  the  said  apprentice,  or  cause  him  to  be  taught, 
the    business    of    a     seaman,     and    provide     the    said     apprentice 

1  If  there  is  a  surety,  his  name  is  to  be  inserted  here  ;  but  a  surety  is  not 
esseutial.     If  there  is  not  one,  the  part  relating  to  him  should  be  struck  out. 


APPENDIX. — SECTION   VI.  455 

with  sufficient  meat,  drink,  lodging,  washing,  medicine,  and  medical 
and  surgical  assistance,  ;md  pay  to  the  said  apprentice  the  sum  of 
£  ,  in  manner  following  :  (that  is  to  say) 

the  said  apprentice  providing  for  himself  all  sea-bedding,  wearing 
apparel,  and  necessaries  (except  such  as  are  hereinbefore  specially 
agreed  to  be  provided  by  the  said  master)  :  And  it  is  hereby  agreed, 
that  if,  at  anj^  time  during  the  said  term,  the  said  master,  his  executors, 
administrators,  or  assigns  provide  any  necessary  apparel,  or  sea- 
bedding  for  the  said  apprentice,  he  and  they  may  deduct  any  sums 
properly  expended  thereon  by  him  or  them  from  the  sums  so  agreed  to 
be  paid  to  the  said  apprentice  as  aforesaid  :  And  for  the  performance 
of  the  agreements  herein  contained,  each  of  them,  the  said 
and  ,  doth  hereby  bind  himself,  his  heirs,  executors,  and 

administrators,  unto  the  other  of  them,  his  executors  and  adminis- 
trators, in  the  penal  sum  of  £  ;  ^  and  for  the  performance  of 
the  covenants  on  the  part  of  the  said  apprentice  herein  contained,  the 
said  as  surety,  doth  hereby  bind  himself,  his  heirs* 
executors,  and  administrators,  unto  the  said  ,  his 
executors  and  administrators,  hi  the  penal  sum  of  £  :  Provided, 
that  notwithstanding  the  penal  stipulations  herein  contained  any 
Justice  or  Justices  of  the  Peace  may  exercise  such  jurisdiction  in 
respect  of  the  said  apprentice  as  he  or  they  might  have  exercised  if  no 
such  stijiulations  had  been  herein  contained. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their  hands 
and  seals,  the  day  and  year  above  written. 

Signed,  sealed,  and  delivered  in  the  presence  of 

(l.s.)  (Master). 

(l.s.)  (Apprentice). 

(l.s.)  (Surety). 

Registered  at  the  Port  of 
this  day  of  ,  ,18 

Signed 

Note. — This  Indenture  must  be  executed  in  duplicate,  both  copies 
must  be  taken  to  the  Registrar-General  of  Seamen  ;  or  if  in  the  out- 
ports  to  some  Shipping  Master ;  one  copy  will  then  be  retained  and 
recorded,  and  the  other  returned  to  the  master  with  the  necessary 
indorsement. 

^  See  note  1. 


456 


APPENDIX, — SECTION   VI. 


ED    O 
si    D 

"S    O 

o  C 

,  ?^  ™ 

■a  cj  »-, 

=  ?^  ° 
«|> 

^  a 

o 
o  a 

•Co 

a 
O 

O 

s 

a 
% 
o 

B 

C3 

'Ed 

V 

ai 

o 

o 

■a 
o      Oh 

Official 
Numbei 

o 

O    r-3 


n    (u 


^ 

CO 

■a 

n 

<c 

■^ 

^ 

cS 

rfl 

,^ 

^ 

OJ 

CO 

'TS 

s 

C3 

<t1 

r:3 

.•s 

OJ 

Tl 

bfl 

n 

c! 

o 

Cl, 

> 

rJ3 

n 

^ 

<D 

0) 

— ! 

a 

d 

o 

fcc 

o 

^ 

rj 

a 

u 

Si 

aj 

tt 

t^ 

-=) 

CS 

(m 

o 
> 

o 
r! 

o 

^5    (^  "" 
.^  '^  -*->    I— I 


rs  ^ 


o 

o 

>. 

& 

o 

00 

^ 

u 

ro 

tS 

w 

Z> 

o 

bU 

o 

^      c3    ^-i 


S   rt 


5  ^ 


1 1 

T! 

CJ 

ITl 

S 

c 

a; 

be 

72 

o 

a 

rC 

a 
o 

o 

a) 

3S 

Is 

rd 

f^ 

-i 

05 
0) 

ei 

r* 

C 

^ 

& 

o 

O 

o 

3 

C 

in 

Si 

o 

3 

in 

Shipping  Office 

or  Home  No., 

if  any. 

o 

o 

t-t 

3 

c 
tc 

ft 

(>. 

P 

C 

'O 

S 

CO 

bfl 

APPENDIX. — SECTION   VI. 


457 


w 


eii 


u 


Pi 


o 

J3 

! 

Port  belonging 
to. 

j 

■3S 

Is 

Name  of  Ship  in 

which  he  served  at 

time  of  Death. 

c 

ID 
CQ   V 

i 

2; 

! 

o 

he  2 
c  " 

>-.  o 

Is 

-  -co 

ll 

=  >. 
fe  o 

' 

ll 

■•->  bo 

§■1 

o 

00 

o 

i 

CO  rJ3 

^  > 

? 

<u   a! 

O.I 

ra     bo 


OT 


05 


cc 


c3    ^ 

S  <u 

s  s 

O    «    O) 

;^  o 

<u  cu 
'«T3 


-4-» 


a> 

bfl 

s 

'5b 

H 

en 

3 

12; 

o 

O 

r— 1 

o 

o 

0) 

cS 

.o 

!2 

o 

o 

5S 

o 

1^ 

Z 

O 

Pu 

3   N 


*s^ 


Ch 


3 

o 

ta  >  =5 

S 

W  ^  ^ 

t3 

458 


APPENDIX. — SECTION   VI. 


XXIX.  Form  of  Claim  for  the  Wages  and  Effects  of  a  Deceased 
Merchant   Seaman  who   has  left   no  Will. 
No.  Port 


Christian  and  Sur- 
name ot  Deceased 
Seaman  at  full 
lengtli. 

Date  of  his 
Death. 

Place  of  his 
Death. 

Name  of  Ship  in 

which  he  was  serving 

at  the  time  of  his 

Death,  and  her 

Official   Number, 

also  the  Port  she 

belonged  to. 

Port  at 

which  the 

Wages,  etc., 

have  been 

received. 

Date 

when 

received 

SCALE    OF   DEGREES    OF   RELATIONSHIP. 
l8t.  Widow;    I    3rd.  Father;    I  5th.  Brother  or  Sister ;  I    7th.  Aunt,  Uncle, 

2nd.  Child;      |    4th.  Mother  ;   |  6th.  Grandfather  or  Grandmother;  |      Nephew,  or  Niece. 

Declaration  to  be  made  and  sigmd  by  the  Claimant,  in  the  presence  of 

the  Magistrate  for  or  the  Minister  of  the  parish  in  which  he  resides. 
I  (1)  ,  do  solemnly  and  sincerely  declare  tliat  I  am  the 

lawful  (')  ,  and  next  of  kin  of  the  above-named  deceased 

merchant  seaman,  who  died  at  the  time  and  place  above-mentioned ; 
and  that,  to  the  best  of  my  knowledge  and  belief,  he  left  no  will ;  that 
he  left  no  relative  who,  according  to  the  above  scale,  is  nearer  of  kin 
to  him  than  myself,  and  no  relative  of  equal  degree  who  has  not  con- 
sented to  this  application,(^)  and  that  I  am  therefore  entitled,  as  his 
nearest  relative,  to  have  the  amount  of  his  wages  and  effects  paid  to 
me.  I  further  declare  that  the  answers  given  by  me  to  the  printed 
questions  on  the  back  hereof  are,  to  the  best  of  my  knowledge  and 
belief,  correct ;  and  I  make  this  solemn  declaration,  conscientiously 
believing  the  same  to  be  true. 

Declared  and   subscribed  before   me,  , 

this  day  of  ,  18     . 

(The  Magistrate  or  resident  Minister  of  the  Parish  1 

to  sign  here,  and  state  the  place  for  which  he  acts  )  J  

Magistrate   for 
County  of 


or.    Minister   of  ,    u 

(Claimant's  Signature.) 

/(Residence,  stating  the  street, 
(     and  number  of  the  House.) 


(Occupation.) 
(Nearest  Post  Town.) 
(County.) 


•  Here  insert  Christian  and  surnames  of  claimant  in  full.  If  there  is  more 
than  one  claimant,  the  plural  must  be  substituted  for  the  singular  throughout. 

2  Here  insert  the  degree  of  relationship  to  deceased. 

3  If  the  claim  be  made  by  a  child,  or  brother  or  sister,  the  claimant  must, 
if  there  be  other  relatives  of  the  same  degree,  transmit  their  written  consent 
to  the  payment  being  made  to  him. 


APPENDIX. — SECTION   VI.  459 

CERTIFICATE     TO     ACCOMPANY     THE     APPLICATION. 

Certificate  by  Two  Householders  of  the  Parish} 

We,   the  undersigned,  being  both  inhabitant  householders  of  the 
parish  of  ,  at  ,  in  the  county  of  , 

hereby   certify,  that  we   personally   know  ,(^)   who  has 

subscribed  the  above  declaration,  and  that  we  firmly  believe  the  con- 
tents of  the  said  declaration  to  be  true. 

Signatures 

of 

Two  Inhabitants. 


Their  Residence 

and 

Occupation. 


Declaration  by  Shipping  Master  or  Minister.  (') 

I   certify  that  I  know   or  have   ascertained   the   above-named  (*) 
,  and  ,  to  be  respectable  householders  of  the 

parish   above-named  in  that  behalf;  and  that  I   have  no  reason  to 
doubt  the  ti-uth  of  the  statements  made  by  the  claimant. 

(Signed) 

Occupation 

Residence 


Information  to  he  given  by  the  Claimant. 

N.B. — If  the  answers  are  not  filled  in,  the  claim  will  be  returned  for 
the  purpose,  and  much  delay  will  be  occasioned  h\  the  neglect. 

As  no  claim  to  the  wages  and  effects  of  a  deceased  merchant  seaman 
can  be  duly  investigated  without  information  on  the  following  points, 
it  is  requisite,  in  reference  to  the  application  on  the  preceding  page, 
that  such  information  as  may  apply  to  the  present  case  should  be 

^  This  certificate  to  be  signed  by  two  respectable  inhabitant  householders 
of  the  parish  where  the  claiuiaut  resides. 

2  Here  insert  name  of  claimant. 

3  If  the  claimant  resides  at  or  near  a  seaport,  this  declaration  must  be 
signed  by  the  shipping  master ;  if  he  does  not  live  at  or  near  a  seaport,  it 
must  be  signed  by  the  minister  of  the  parish  in  which  the  householders 
reside. 

''  Here  insert  names  of  householders. 


460  APPENDIX. — SECTION   VI. 

accurately  given  below  in  the  respective  blank  spaces  left  for  that 
purpose : 


The  Christian  and  Surnames  of  the  De- 
ceased to  be  written  in  full  

State    the    Names    of   his    Father    and 
Mother,  and  if  dead,  to  be  so  stated  ... 

State  the  Name  of  the  Deceased's  Widow, 
and  if  living  ;  if  the  Deceased  was  not 

State  the  names  of  all  his  Children,  in- 
cluding the   Husbands,   if   living,   of 
any  married  Daughters ;    if  there  are 
no  children,  to  be  so  stated  

State  the  Names   of  his   Brothers   and 
Sisters,   including    the    Husbands,   if 
living,  of  any  married  Sisters 

State  the   Names   of  any   other  of   his 
relations,  equal  in  degree  of  relation- 
ship to  the  Applicant,  with  the  deijree 

- 

State  the  Name  of  the  Ship  in  which  he 
last  sailed,  her  oflicial  Number  and  the 

The  claimant  to  sign  his  name  here. 


If  the  claimant  possesses  any  letters  from  the  deceased,  or  any 
other  papers  or  documents  which  may  serve  to  identify  him  in  case  of 
doubt,  the  same  should  be  sent  with  this  claim  to  the  Board  of  Trade. 


Description  of  Claimant. 

The  following  description  of  the  claimant  is  to  be  taken  by  the  ship- 
ping master,  if  at  a  port,  or  if  claimant  does  not  reside  at  or  near  a 
port,  by  the  minister  of  the  parish,  in  order  to  identify  the  party  in 


APPENDIX. — SECTION    VI. 


461 


case  of  fraudulent  application  for  tlie  wages  and  eifects  of  the  deceased 
seaman : 
The  said  ,  the  claimant  above-named,  is  feet 

inches  high,  of  complexion,  with  eyes, 

has  hair,  is  about  years  of  age,  and  has  the  follow- 

ing marks  or  personal  peculiarities,  viz.  : 


Given  under  my  hand  at 


,  this 


day  of 

(Signature.) 
(Designation.) 


Instructions  to  Claimants, 

If  a  Seaman  leaves  no  Will,  his  Widow  will  be  entitled 
to  receive  from  the  Board  of  Ti-ade  the  wages  and  effects 

If  there  is  no  "Widow,  the  nest  claim  is  that  of  a  Child^ 
(or  Children,  if  more  than  one,  jointly);  in  the  latter  case,  I 
the  consent,  in  writing  of  the  other  Children  to  the  pay-  V 
ment  being  made  to  the  Applicant,  must  accompany  the 
application.  J 

If  there  is  neiflier  Widow  nor  Child,  the  Father  is  next^ 

entitled.  V 

And  after  the  Father,  the  Mother  is  entitled.  .,  J 

After  the  Mother,  all  the  Brothers  and  Sisters  are  en-"^ 
titled,  jointly.  If  the  application  is  made  by  one  Brother  or  1 
Sister,  for  all  of  the  same  degree,  the  consent,  in  writing,  |- 
of  the  other  or  others  to  the  payment  being  made  to  the  [ 
Applicant,  must  accompany  the  application.  J 

The  Grandfather  and  Grandmother  are  next  entitled. 
Then  the  Uncles  and  Amits,  Nephews  and  Nieces,  jointly. 
The  First  Cousins  have  the  next  claim,  jointly.  Y 

Then  the  First  Cousins  once  removed,  jointly. 
Then  the  Second  Cousins  jointly,  and  so  on.  J 


A  Widow  must  send 
her  marriage  certifi- 
cate with  the  claim. 

A  Child  must  send 
the  certificate  of  his 
or  her  birth  or  bap- 
tism. 

A  Father  or  Mother 
must  send  the  certi- 
.   ficate  of  the  birth  or 
baptism  of  the  de- 
ceased. 


A  Brother  or  Sister 
must  send  the  certi- 
ficate of  his  or  her 
birth  or  baptism. 

N.B.  —  In  all  these 
cases,  if  tliere  are 
two  or  more  persons 
jointly  entitled  to 
payments,  the  con- 
sent in  writing  of  the 
other  or  others,  to 
payment  being  made 
to  the  Applicant, 
must  accompany  the 
application. 


If  any  of  the  Certificates  and  Documents  or  Information  herehij  required 
cannot  be  ohtained,  the  reason  is  to  be  stated  here. 


(Signed) . 


Claimant. 


N.B. — Any  payment  which  may  be  made  in  consequence  of  this  AppUcation, 
will  not  entitle  the  applicant  to  appropriate  the  money  to  his  or  her  own  use, 
if  there  ai-e  others  who  have  legal  claims  on  it,  either  as  next  of  kin  in  equal 


462 


APPElrt)IX. — SECTION   VI. 


degree,  or  as  creditors ;  and  such  persons  will  have  the  same  rights  against 
the  applicant,  and  the  same  means  of  enforcing  it,  as  if  the  claimant  had  taken 
out  Administration  in  due  course  of  law  for  the  purpose  of  administering  the 
property  of  the  deceased  amongst  the  persons  interested. 

N.B. — Every  person  who,  for  the  purpose  of  obtaining  either  for  himself  or  for 
another,  any  money  or  effects  of  any  deceased  seaman  or  apprentice  forges, 
assists  in  forging,  or  procures  to  be  forged,  or  fraudulently  alters,  assists  in 
fraudulently  altering,  or  procures  to  be  fraudulently  altered,  any  Document 
pvirporting  to  show,  or  assist  in  showing,  a  right  to  such  wages  or  effects,  and 
every  person  who  for  the  purpose  aforesaid  makes  use  of  any  such  forged  or 
altered  Document  as  aforesaid,  or  who  for  the  purpose  aforesaid  gives  or  makes, 
or  procures  to  be  given  or  made,  or  assists  in  giving  or  making,  or  procuring 
to  be  given  or  made,  any  false  evidence  or  representation,  knowing  the  same 
to  be  false,  will  be  punishable  with  Penal  Semitude  for  a  term  not  exceeding 
four  years,  or  with  Imprisonment  with  or  without  hard  labour  for  any  period 
not  exceeding  two  years ;  or  if  summarily  prosecuted  and  convicted,  by  Im- 
prisonment with  or  without  hard  labom*  for  any  period  not  exceeding  six 
months. 

When  properly  filled  up  and  attested,  and  the  information  and  documents 
supplied,  this  Application  is,  if  the  Claimant  lives  in  or  near  a  seaport,  to  be 
delivered  to  the  Shipping  Master,  who  will  forward  it  to  the  Board  of  Trade  ; 
if  the  Claimant  does  not  live  in  or  near  a  seaport,  he  must  forward  it  him- 
self, to 

The  Secretary, 

Marine  Department, 

Hoard  of  Trade, 

London. 


Form  of  Claim  for  the  Wages  and  Effects  of  a  deceased 
Merchant   Seaman   by   a  Creditor. 

No.  Port     


Christian  and  Sur- 
name of  deceased 
Seaman  at  full 
length. 

Date  of  his 
Death. 

Place  of  his 
Death. 

Name  of  Ship  in 

which  he  was  serving 

at  tlie  time  of  his 

Death,  and  her 

Officiiil  Numher, 

also  the  Port  she 

belonged  to. 

Port  at 

which  the 

Wages,  etc., 

have  been 

received. 

Date 

when  re 
ceived. 

Declaration  to  he  made  and  signed  hy  the  Claimant  in  the  presence  of  the 
Magistrate  for  or  the  Minister  of  the  parish  in  which  he  resides. 

I  (1)  ,  do  solemnly  and  sincerely  declare  that  the  account 

on  the  other  side  hereof  is  a  correct  and  true  statement  of  the  debts 


'   Here  insert  Christian  and  surnames  of  claimant  in  full.     If  there  is  more 
than  one  claimant,  the  jilural  must  be  bubstituted  for  the  singular  throughout. 


APPENDIX. — SECTION   VI.  -  463 

justly  due  to  me  by  the  above-named  deceased  seaman  ;  that  the  said 
debts  Avere  incurred  by  the  deceased  within  three  years  before  his 
death,  and  have  not  yet  been  paid  to  me ;  and  I  therefore  hereby  claim 
the  balance  of  wages  and  the  effects  of  the  above-named  deceased,  or 
such  part  thereof  as  will  cover  such  debt  due  by  him  to  me,  as  a 
creditor,  under  the  provisions  of  the  17  &  18  Vict.,  c.  104,  s.  201. 
I  further  declare  that  the  answers  given  by  me  to  the  questions  at  the 
back  hereof  are,  to  the  best  of  my  knowledge  and  belief,  correct ;  and 
that  I  am  willing,  as  far  as  possible,  to  obtain  and  produce  any  books, 
accounts,  vouchers,  and  papers,  which  may  be  required  to  prove  the 
justness  and  accuracy  of  my  claim.  And  I  make  this  solemn  declara- 
tion, conscientiously  believing  the  same  to  be  true. 

Declared  and  subscribed  before  me, 
this  day  of  ,  185     . 

(The  Magistrate  or  resident  Minister  of  the  Parish -i 

to  6ign  here,  and  state  the  place  for  which  he  acts)/   


Magistrate  for  ;  or.  Minister  of  ,  in 

county  of 

(Claimant's  Signature.) 

/(Residence,  stating  the  Street, 
. (      and  Number  of  the  House.) 


(Occupation.) 
(Nearest  Post  Town.) 
(County.) 


CERTIFICATE    TO    ACCOMPANY    THE    APPLICATION. 

Certificate  hy  Two  Householders  of  the  Farish.{^) 

We,  the  undersigned,  being  both  inhabitant  householders  of  the 
parish  of  ,  at  ,  in  the  county  of  , 

hereby  certify,   that  we  personally  know  ,{^)  who  has 

subscribed  the  above  declaration,  and  that  we  firmly  believe  the  con- 
tents of  the  said  declaration  to  be  true. 

Signatures 

of 

Two  Inhabitants. 

Their  Residences 

and 

Occupations. 


}: 


^  This  certificate  to  be  signed  by  two  respectable  inhabitant  householders 
of  the  parish  where  the  claimant  resides. 
-  Here  iusert  name  of  claimant. 


464 


APPENDIX. — SECTION   VI. 


Declaratioih  hy  Shipping  Master  or  Minister.  Q) 
I   certify   that   I  know  or  have   ascertained   the   ahovc-namcd  (=) 
and                        to  be  respectable  householders  of  the 
parish  above-named  in  that  behalf;  and  that  I   have  no  reason  to 
doubt  the  truth  of  the  statements  made  by  the  claimant. 
Signed 


Occupation 
Residence 


Account  of  Debt  due  to  me  by  ,  the  deceased 

seaman  referred  to  in  the  foregoing  page  : 


Date  when 
incurred. 

Particulars  of  Debt. 

No.  of 
Voucher. 

Amount. 

£ 

s. 

d. 

Certificate  hy  Shipping  Master. 
I  certify  that  I  have  examined  the  above  account,  and  compared  it 
•with  the  books,  accounts,  vouchers, f)  and  papers  produced  by  the  claim- 
ant in  support  thereof,  and  that  I  am  satisfied  of  the  correctness  and 

1  If  the  claimant  resides  at  or  near  a  seaport,  this  declaration  must  be 
signed  by  the  shipping  master ;  if  he  does  not  live  at  or  near  a  seaport, 
it  must  be  signed  by  the  minister  of  the  parish  in  which  the  householders 
reside. 

^  Here  insert  names  of  householders. 

3  Here  state  how  many  vouchers  are  transmitted. 


APPENDIX. — SECTION   VI.  465 

justness  of  those  items  against  which  I  have  signed  my  initials,  and 
for  which  also  vouchers  are  herewith  transmitted. 


Signed 


Shipping  Master  at  the  Port  of 


Description  of  Claimant. 

The  following  description  of  the  claimant  is  to  be  taken  by  the  ship- 
ping master,  in  order  to  identify  the  party  in  case  of  fraudulent  appli- 
cation for  the  wages  and  effects  of  the  deceased  seaman. 

The  said  ,  the  claimant  above-named,  is  feet 

inches  high,  o^  complexion,  with 

eyes,  has  hair,  is  about  years  of  age,  and  h;is 

the  following  marks  or  personal  peculiarities,  viz. : 


Given  under  my  hand  at  ,  this 

day  of  ,  18     . 


(Signature.) 


Shipping  Master  for  the  Port  of 


Information  to  be  given  "by  the  Claimant. 

N.B. — If  the  answers  are  not  filled  in,  or  a  satisfactory  reason  for 
the  omission  given,  the  claim  will  be  returnc  1  for  the  purpose,  and 
much  delay  will  be  occasioned  by  the  neglect. 

As  no  claim  to  the  wages  and  effects  of  a  deceased  merchant  seaman 
can  be  duly  investigated  without  information  on  the  following  points, 
it  is  requisite,  in  reference  to  the  application  on  the  preceding  page, 
that  such  information  as  may  apply  to  the  present  case  should  be 
accurately  given  below  in  the  respective  blank  spaces  left  for  that 
purpose : 

*  If  the  shipping  master  is  not  satisfied  of  the  justness  of  the  claim,  his 
reasons  are  to  be  stated  here. 


466 


APPENDIX. — SECTION   VI. 


State  the  Names  of  the  Deceased's  Father 
and  Mother,  and  if  dead,  to  be  so 
stated  


State  the  Name  of  his  Widow,  and  if  liv 
ing ;  if  the  Deceased  was  not  married 
insert  "unmarried" 


State  the  Names  of  all  his  Children,  in- 
cluding the  Husbands,  if  living,  of  any 
married  Daughters ;  if  there  are  no 
children,  to  be  so  stated 


State  the  Names  of  his  Brothers  and 
Sisters,  including  the  Husbands,  if 
living,  of  any  married  Sisters 


State  the  Names  of  any  other  of  his  rela 
tions,  with  the  degree  of  relationship. 


State  the  Name  of  the  Ship  in  which  he 
last  sailed,  her  official  Number,  and 
the  Port  to  which  she  belonged   


The  claimant  to  sign  his  name  here_ 


If  the  claimant  desires  to  make  any  observations  on  the  subject  of 
his  claim,  they  are  to  be  made  here  : 


Signed_ 


Claimant. 


Provision  for  Payment  of  just  Claims  by  Creditors,  and  for  j^reventinr/ 
fraudulent  Claims. 

The  following  Rules  are  to  be  observed  with  respect  to  creditors  of  deceassed 
seamen  and  appreutice.g ;  (that  is  to  say,) 

1.  No  such  Creditor  is  entitled  to  claim  from  the  Board  of  Trade  the  wages 
or  effects  of  any  such  seaman  or  a2:>prentice  or  any  part  thereof  by  virtue  of 
Letters  of  Administration  taken  out  by  him,  or  by  virtue  of  Confirmation  iu 
Scotland,  as  executor  creditor  : 

2.  No  such  creditor  is  entitled  by  any  means  whatever  to  payment  of  his 
debt  out  of  such  wages  and  effects,  if  the  debt  accrued  more  than  three  years 
before  the  death  of  the  deceased,  or  if  the  demand  is  not  made  within  two 
years  after  such  death  : 

3.  Subject  as  aforesaid,  the  steps  to  be  taken  for  procuring  payment  of  such 
debt  are  to  be  as  follows  (that  is  to  say) :  Every  person  making  a  demand  as 


APPENDIX. — SECTION   VI.  467 

creditor  must  deliver  to  the  Board  of  Trade  an  account  in  writing  in  bucIi 
form  as  it  requires,  subscribed  with  his  name,  stating  the  particulars  of  his 
demand  and  the  place  of  his  abode,  and  verified  by  his  declaration  made  before 
a  Justice : 

4.  If  before  such  demand  is  made  any  claim  to  the  wages  and  effects  of  the 
deceased  made  by  any  person  interested  therein  as  his  widow  or  child,  or 
imder  a  Will,  or  under  the  Statutes  for  the  distribution  of  the  effects  of  intes- 
tates, or  imder  any  other  Statute,  or  at  common  law,  has  been  allowed,  the 
Board  of  Trade  will  give  notice  to  the  creditor  of  the  allowance  of  such  per- 
son's claim,  and  the  creditor  will  thereupon  have  the  same  rights  and  reme- 
dies against  such  person  as  if  he  or  she  had  received  the  said  wages  and  effects 
as  the  legal  personal  representative  of  the  deceased : 

5.  If  no  claim  by  any  such  person  has  been  allowed,  the  Board  of  Trade  will 
l^i'oceed  to  investigate  the  creditor's  account,  and  may  for  that  piu'pose  require 
him  to  prove  the  same,  and  to  produce  all  books,  accounts,  vouchers,  and 
papers  relating  thereto ;  and  if  by  such  means  the  creditor  duly  satisfies  the 
Board  of  Trade  of  the  justice  of  the  demand,  either  in  the  whole  or  in  part, 
the  same  will  be  allowed  and  paid  accordingly,  so  far  as  the  assets  in  the  hands 
of  the  Board  of  Trade  will  extend  for  that  purpose,  and  si;ch  payment  will 
discharge  the  Board  of  Trade  from  all  further  liability  in  respect  of  the  money 
so  paid;  but  if  such  Board  is  not  so  satisfied,  or  if  such  books,  accounts, 
vouchers,  or  pap^s  as  aforesaid  are  not  produced,  and  no  sufficient  reason  is 
assigned  for  not  producing  them,  the  demand  will  be  disallowed  : 

6.  In  any  case  whatever  the  Board  of  Trade  may  delay'  the  investigation  of 
any  demand  made  by  a  creditor  for  the  payment  of  his  debt  for  one  year  from 
the  time  of  the  first  delivery  of  the  demand ;  and  if  in  the  course  of  that  time 
a  claim  to  the  wages  and  effects  of  the  deceased  is  made  and  siibstautiated  as 
hereinbefore  required  by  any  person  interested  therein  as  a  widow  or  child,  or 
under  a  Will,  or  under  the  Statutes  for  the  distribution  of  the  effects  of  intes- 
tates, or  under  any  other  Statute,  or  at  common  law,  the  Board  of  Trade  may 
pay  and  deliver  the  same  to  such  person ;  and  thereuj^ou  the  creditor  will  have 
the  same  rights  and  remedies  against  such  person  as  if  he  or  she  had  received 
the  same  as  the  legal  personal  representative  of  the  deceased. 

N.B. — Every  person  who,  for  the  purpose  of  obtaining  either  for  himself  or 
for  another  any  money  or  effects  of  any  deceased  seaman  or  apprentice,  forges, 
assists  in  forging,  or  procures  to  be  forged,  or  fraudulently  alters,  assists  in 
fraudulently  altering,  or  procures  to  be  fraudulently  altered,  any  Document 
purporting  to  show,  or  assist  in  showing,  a  right  to  such  wages  or  effects,  and 
every  person  who  for  the  purpose  aforesaid  makes  use  of  any  such  forged  or 
altered  document  as  aforesaid,  or  who  for  the  purpose  aforesaid  gives  or  makes, 
or  procures  to  be  given  or  made,  or  assists  in  giving  or  making,  or.  procuring 
to  be  given  or  made,  any  false  evidence  or  repi'esentation,  knowing  the  same  to 
be  false,  will  he  ^yunishahle  with  Penal  Servitude  for  a  term  not  exceeding  four 
years,  or  with  Imprisonment  with  or  without  hard  labour  for  any  period  not  ex- 
ceeding t^vo  years,  or,  if  summarily  prosecuted  and  convicted,  by  Imprisonment 
loith  or  withoict  hard  labour  for  any  period  not  exceeding  six  months. 

When  properly  filled  up  and  attested,  and  the  information  and  documents 
supplied,  this  api^lication  is  to  be  delivered  to  the  Shipping  Master,  who  will 
forward  it  to  the  Board  of  Trade.  If  the  Claimant  does  not  reside  in  or 
near  a  Port,  any  subsequent  correspondence  arising  on  this  Claim  may  be 
addressed  to 

The  Secretary, 

Marine  Department, 

Board  of  Trade, 

London. 


468 


APPENDIX. SECTION   VI. 


Form   of  Claim   for   the  Wages  and   Effects   of  a  deceased 
Merchant  Seaman  who  has  left  a  Will. 
No.  Port 


Christian  and  Sur- 
name of  Deceased 
Seaman  at  full 
length. 

Date  of  his 
Death. 

Place  of  his 
Death. 

Name  of  Ship  in 

which  he  was  serving 

at  the  time  of  his 

Death,  and  her 

Otiicial  Number ; 

also  the  Port  she 

belonged  to. 

Port  at 

which  the 

Wages,  etc., 

have  been 

received. 

Date 
when  re- 
ceived. 

Declaration  to  he  made  and  signed  hy  the  Claimant  in  the  presence  of  the 

Magistrate  for  or  the  Minister  of  the  Parish  in  which  he  resides, 
I>*  ,   do  solemnly  and   sincerely  declare  that  the   wilP 

(which  accompanies  this  claim)  was  ma^e  by  the  above- 
named  deceased  merchant  seaman,  who  died  at  the  time  and  place 
above-mentioned  ;  that  to  the  best  of  my  knowledge  and  belief  he  left 
no  other  will  or  codicil;  that  I  am  the  person  named  or  referred  to  in 
the  said  will  as  ^  ,  and  that  I  am  therefore  entitled  to 

have  the  wages  and  effects  of  the  deceased  paid  and  delivered  to  me. 
I  further  declare  that  the  answers  given  by  me  to  the  printed  questions 
on  the  back  hereof  are,  to  the  best  of  my  knowledge  and  belief, 
correct ;  and  I  make  this  solemn  declaration,  conscientiously  believing 
the  same  to  be  true. 

Declared  and  subscribed  before  me,  , 

this  day  of  ,  18     . 

(The  Magistrate  or  resident  Minister  of  the  Parish  to\ 
sign  here,  and  state  the  Place  for  which  he  acts.)/ 

Magistrate   for  ;    or,  Minister   of  ,  in 

County  of 


{(Signature,  Resi- 
dence, and  Occupa- 
tion of  Claimant  or 
Claimants.) 
{(Post  Town  to  which 
to  address  letters  to 
Claimant.) 

County. 


*  Here  insert  Christian  and  surnames  of  claimant  in  full.  If  there  is  more 
than  one  claimant,  the  plural  must  be  substituted  for  the  singular  throughout. 

2  The  Will  or  Wills  made  by  the  deceased  must  be  sent  with  this  claim. 
If  there  are  more  papers  than  one,  they  must  be  named.  If  the  Will  cannot 
be  sent,  the  words  in  italic  must  be  struck  out,  and  the  reason  stated  on  the 
other  side. 

3  Here  state  the  character  in  which  the  claim  is  made,  taking  it  from  the 
Will,  whether  as  executor,  legatee,  etc. 


( 


APPENDIX. — SECTION   VI.  4 09 

CERTIFICATES    TO    ACCOMPANY    THIS    CLAIM. 

Certificate  hy  Two  Householders  of  the  Parish.* 

We,  the  undersigned,  being  both  inhabitant  householders   of  the 
parish  of  ,  at  ,  in  the  county  of  , 

hereby  certify  that  we  personally  know  *  ,  who  has  sub- 

scribed the  above  declaration,  and  that  we  firmly  believe  him  to  be  the 
person  named  or  referred  to  in  the  will  of  the  deceased  as  ^ 

Signatures 

of 

Two  Inhabitants 

Their  Residence 

and 

Occupation. 


Declaration  hy  Shipping  Master  or  Minister^ 

I   certify  that   I   know    or    have    ascertained   the    above-named  * 
,  and  ,  to  be  respectable  householders  of  the 

parish  above-named  in  that  behalf;  and  that  I  have  no  reason  to 
doubt  the  truth  of  the  statements  made  by  the  claimant. 

Signed 

Shipping  Master  at  the  Port  of  ;   or.  Minister  of 


II.  Certificate  of  attesting  Witness  of  Will.^ 

I,  the  undersigned,  certify  that  I  saw  the  above-named  deceased 
sign  his  will  at  "  ,  on  the  day  of  ; 

and  that  such  will  was  on  sheet  of  paper ;  and  I  certify 

"^  Tliis  declaration  to  be  signed  by  two  respectable  inhabitant  householders 
of  the  pai'ish  where  the  claimant  resides. 

^  Hei-e  insert  name  of  claimant. 

^  Here  insert  the  character  in  which  the  claim  is  made,  whether  as  execu- 
tor, legatee,  etc.,  takirig  it  from  the  declaration,  as  at  3  above. 

'  If  the  claimant  resides  at  or  near  a  seaport,  this  declaration  must  be 
signed  by  the  shipping  master;  if  not,  by  the  minister  of  the  parish  in  which 
the  householders  reside. 

^  Here  insert  names  of  householders  who  have  signed  the  previous  cer- 
tificate. 

"  This  is  to  be  signed  before  a  clergyman  or  magistrate  by  the  witness 
(if  any)  who  attested  the  siguature  of  the  Will,  or  by  some  person  who  saw 
the  Will  attested. 

1  o  Here  insert  the  time  and  place  at  which  the  Will  was  signed. 


470  APPENDIX. — SECTION   VI. 

that  the  will  shown  to  me  at  the  time  of  making  the  declaration  is  the 
will  which  I  saw  the  deceased  sign. 

Declared  and  subscribed  before  me, 
this  day  of  ,18. 

(The  Magistrate  or  resident  Minister  of  the  Parish  to  } 

sign  here,  and  state  the  place  for  wliich  he  acts.)  j 

Magistrate   for  ;    or,    Minister   of  ,   in 

County  of 

f(Signature,  Residence, 

__^  ■'     and     Occupation     of 

f     Witness.) 


III.  Certificate  of  Handwriting  of  the  Testator}'^ 
T,  the  undersigned,  certify  that  I  knew  personally  ,  the 

above-named  deceased  seaman,  and  am  well  acquainted  with  his  hand- 
writing ;  that  a  will,  dated  ,  and  made  on 
sheet  of  paper,  has  been  produced  to  me ;  '^  that  I  have  signed  my 
name  on  the  back  of  it ;  and  that  I  firmly  believe  the  signature  of  the 
said  will  to  be  the  handwriting  of  the  said  deceased  seaman. 

Declared  and  subscribed  before  me,  ,  this 

day  of  ,  18      ,  by  ,  ,vho  is   a 

respectable  inhabitant  of  my  Parish. 

(The  Magistrate  or  resident  Minister  of  the  Parish  to  ) 

sign  here,  and  state  the  place  for  which  he  acts)j 

Magistrate  for  ;    or.  Minister  of  ,  in 

County  of 

r  (Signature,  Residence, 

__^ __^___^         \     and    Occupation    of 

J      the   Person   or    Per- 
}     sons  testifying  to  the 
. I     Handwriting.) 


Description  of  Claimant. 
The  folloAving  description  of  the  claimant  is  to  be  taken  by  the 
shipping  master,  if  at  a  port,  or  if  claimant  docs  not  reside  at  or  near 
a  port,  by  the  minister  of  the  parish,  in  order  to  identify  the  party  in 
case  of  fraudulent  application  for  the  wages  and  effects  of  the  deceased 
seaman. 

The  said  ,  the  claimant  above-named,  is  feet 

inches  high,  of  complexion,  with  eyes, 

"■'  This  is  to  be  sigued  by  some  one  who  was  well  acquainted  with  the 
bandwritiug  of  the  testator,  in  the  iirescnce  of  the  minister  or  of  a  magistrate 
of  the  parish  in  which  he  )-esides. 

^2  The  person  signing  this  certificate  is  also  to  sign  his  name  on  the  Will, 


APPENDIX. — SECTION   VI. 


471 


has  hair,  is  about  years  of  age,  and  has  the 

following  marks  or  personal  peciiliarities,  viz. : 


Given  iinder  my  hand  at 


this 


day  of 


(Signature.) 
(Designation.) 


Information  to  be  given  bi/  the  Claimant. 

As  the  claim  cannot  be  investigated  without  information  on  the 
following  points,  such  information  should  be  given  by  the  claimant  in 
the  respective  blank  places  below  left  for  that  purpose.  If  there  are 
no  relations  of  the  degrees  stated  below,  insert  the  word  "  None  "  in 
the  appropriate  space. 


The  Christian  and  Surname  of  the  De- 
ceased written  in  full 

State    the    Names   of  his    Father    and 
Mother    

State  the  Name  of  his  Widow 

State  the  Names  of  all  his  Children,  in- 
cluding- the   Husbands,   if   living,   of 

State  the  Names  of  his  Brothers  and  Sis- 
ters, including  the  Husbands,  if  living, 

State  tlie  Names  of  any  other  of  his  Rela- 
tions, with  the  degree  of  relationsliip... 

State  the  Name  of  the  Ship  in  which  he 
last  sailed,  and  her  Official  Number, 
also  the  Port  to  which  she  belonged  ... 

The  claimant  to  sign  his  name  here 


472  APPENDIX. — SECTION   VI, 

Instructions  to  Claimants. 

If  the  claimant  possesses  any  letters  from  the  deceased,  or  any  other  papers 
or  documents  which  may  serve  to  identify  him  in  case  of  doubt,  the  same 
must  be  sent,  with  this  claim,  to  the  Board  of  Trade, 

If  an  executor  is  named  in  the  Will,  he  is  the  first  person  entitled  to  claim 
payment :  if  there  is  no  executor,  or  if  he  refuses  to  claim,  the  person  to 
whom  the  property  of  the  deceased  is  given  by  the  Will  is  entitled  to  claim. 
If  there  are  two  or  more  executors,  or  two  or  more  legatees,  entitled  to  claim, 
they  must  either  make  the  claim  jointly,  or  if  one  only  claims,  the  consent  in 
writing  of  the  others  must  be  sent,  and  must  accompany  this  application. 

If  the  Will,  or  any  of  the  certificates  and  documents,  or  information  hereby 
required,  cannot  be  obtained,  and  sent  with  the  claim,  the  reason  is  to  bo 
stated  here. 


(Signed) Claimant. 

The  Board  of  Trade  may,  in  its  discretion,  refuse  to  pay  or  deliver  any  such 
wages  or  effects  as  aforesaid  to  any  person  claiming  to  be  entitled  thereto 
under  a  Will  made  on  board  ship,  unless  such  Will  is  in  writing,  and  is 
signed  or  acknowledged  by  the  testator  in  the  presence  of  the  master  or  first 
or  only  mate  of  the  ship,  and  is  attested  by  such  master  or  mate. 

It  may,  in  its  discretion,  refuse  to  pay  or  deliver  any  such  wages  or  eflects 
as  aforesaid  to  any  person  not  being  related  to  the  testator  by  blood  or 
marriage  who  claims  to  be  entitled  thereto  under  a  Will  made  elsewhere  than 
on  board  ship,  unless  such  Will  is  in  writing,  and  is  signed  or  acknowledged 
by  the  testator,  in  the  pi-esence  of  two  witnesses,  one  of  whom  is  some  ship- 
ping master  ai^pointed  under  the  Merchant  Shipping  Act,  or  some  minister  or 
ofiiciating  minister  or  curate  of  the  place  in  which  the  same  is  made,  or,  in  a 
place  where  there  are  no  such  persons,  some  Justice  of  the  Peace,  or  some 
British  Consular  ofiicer,  or  some  officer  of  Customs,  and  is  attested  by  such 
witnesses ;  and  whenever  any  claim  under  a  Will  is  rejected  by  the  Board  of 
Trade  on  account  of  the  said  Will  not  being  made  and  attested  as  herein- 
before reqmred,  the  wages  and  effects  of  the  deceased  will  bo  dealt  with  as  if 
no  Will  had  been  made, 

N.B. — Any  payment  which  may  be  made  in  consequence  of  this  application 
will  not  entitle  the  applicant  to  appropriate  the  money  to  his  or  her  own  use, 
if  there  are  others  who  have  legal  claims  on  it,  either  as  legatees  under  the 
Will  or  a.s  creditors ;  and  such  persons  will  have  the  same  rights  against  the 
applicant,  and  the  same  means  of  enforcing  it,  as  if  the  claimant  had  taken  out 
probate  in  due  course  of  law  for  the  purpose  of  administering  the  property  of 
the  deceased  amongst  the  persons  interested, 

N.B. — Every  pei-son  who,  for  the  purpose  of  obtaining,  either  for  himself  or 
for  another,  any  money  or  efiects  of  any  deceased  seaman  or  apprentice, 
forges,  assists  in  forging,  or  procures  to  be  forged,  or  fraudulently  alters, 
assists  in  fraudulently  altering,  or  procures  to  be  fraudulently  altered,  any 
document  purporting  to  show,  or  assist  in  showing,  a  right  to  such  wages  or 
effects ;  and  eveiy  person  who,  for  the  purpose  aforesaid,  makes  use  of  any 
such  forged  or  altered  document  as  aforesaid ;  or  who,  for  the  purpose  afore- 
said, gives  or  makes,  or  procures  to  be  given  or  made,  or  assists  in  giving  or 
making,  or  procuring  to  be  given  or  made,  any  false  evidence  or  representa- 
tion, knowing  the  same  to  be  false,  will  be  punishable  with  penal  servitude  for 
a  term  not  exceeding  fovir  years,  or  with  imprisonment,  with  or  without 
hard  labour,  for  any  period  not  exceeding  two  years,  or  if  summarily  prose- 


APPENDIX.— SECTION   VI. 


473 


cuted  and  convicted  by  impriaonment,  with  or  without  hard  labour,  for  any- 
period  not  exceeding  six  months. 

When  properly  filled  up  and  attested,  and  the  information  and  documents 
supplied,  this  Application  is,  if  the  Claimant  lives  in  or  near  a  Seaport,  to  be 
delivered  to  the  Shipping  Master,  who  will  forward  it  to  the  Board  of  Trade ; 
if  the  Claimant  does  not  live  in  or  near  a  Seaport,  he  must  forward  it  him- 
self to 

The  Secretary, 

Marine  Department, 

Board  of  Trade, 

London. 


XXX.  Official   Log   Book    for    either    Foreign   going    or    Home 

Trade  Ship. 


Name  of  Ship. 

Official 
Num- 
ber. 

Port  of  Registry. 

Regis- 
tered 
Ton- 
nage. 

Name  of  Master. 

No.  of 
his  Cer- 
tificate 
(if  any). 

1 

Date  of  commencement  of  the  voyage_ 


Nature  of  the  voyage,  or  employment 


Delivered  to  the  Shipping  Ma.ster  of  the  Port  of 
day  of  ,  18       . 

(Signed) 


,  the 

Shipping  Master. 


Note. — The  above  entries  are  to  be  filled  up  by  the  Master,  and  the 
log  book  is  to  be  delivered  to  the  Shipping  Master  within  forty-eight 
hours  after  the  ship's  ai-rival,  or  upon  the  discharge  of  the  crew, 
whichever  first  happens,  in  the  case  of  a  "  Foreign-going  Ship  ;  "  and 
within  twenty-one  days  after  the  30th  of  June  and  the  31st  of  Decem- 
ber respectively  in  every  year  in  the  case  of  a  "  Home  Trade  Ship.'' 

3p 


474  APPENDIX. — SECTION    VI. 

Directions. 
Section  280.      I.  Masters  of  all  British   merchant   ships    (except    ships 
ships  not       employed  exclusively  in  trading  between  ports  on  the  coasts 
being  coast-  ^j-  ^]^g  United  Kinsrdom),  are  bound  bv  the  Merchant  Shippina: 

uig  vessels  .  *  i  i       o 

must  carry    Act,  1854,  section  280,  to  keep  an  official  log  book  in  the 

an  Oftlcial  . 

Log  Book,  form  sanctioned  by  the  Board  of  Trade ;  and  such  official 
log  may,  at  the  discretion  of  the  master  or  owner  of  any 
ship,  either  be  kept  distinct  from  the  ordinary  ship's  log,  or 
be  united  therewith,  provided  all  the  blanks  in  the  official  log 
are  duly  filled  up. 

The  following  are  the  provisions  of  the  Act  which  relate 
to  official  log  books  : 
Importance       II.  The  importance  of  keeping  this  hook  properly,  and  dvly 
the  1,0-  pro- making  all  the  entries  at  the  proper  time,  and  with  the  strictest 
periy.  regard  to  form,   cannot  he    too   strongly  impressed    on  ship 

masters.     By  neglecting  to  do  so,  they  subject  themselves  to 
heavy  penalties,  and  their  owners  to  serious  loss  and  incon- 
venience, and  they  prevent  discipline  from  being  maintained, 
as  no  fine  or  forfeiture  can  be  deducted,  and  no  punishment 
inflicted  for  any  offence,  unless  the  entries  are  properly  made 
and  attested. 
Section  2S1.      HI.  Every  entry  in  every  official  log  shall  be  made  as  soon 
made  in  tlue  as  jossiblc  after  the  occurrence  to  which  it  relates,  and  if 
time.  ^^^  made  on  the  same  day  as  the  occurrence  to  which  it 

relates,  shall  be  made  and  dated  so  as  to  show  the  date  of  the 
occurrence  and  of  the  entry  respecting  it ;  and  in  no  case 
shall  any  entry  therein  in  respect  of  any  occurrence  happen- 
ing previously  to  the  arrival  of  the  ship  at  her  final  port  of 
discharge  be  made  more  than  twenty-four  hours  after  such 
arrival. 
Section  282.      IV.   Every  master  of  a  ship  for  which  an  official  log  book 
^ui'r"^*in  ""is  hereby  required  shall  make  or  cause  to  be  made  therein 
Official  Log.  entries  of  the  following  matters  ;  (that  is  to  say,) 
Convictions.       1.  Every  legal  conviction  of  any  member  of  his  crew,  and 

the  punishment  inflicted: 
oiTences.  2.  Eveiy  offence  committed  by  any  member  of  his  crew 

for  which  it  is  intended  to  prosecute,  or  to  enforce  a 
forfeiture,  or  to  exact  a  fine,  together  with  such  state- 
ment concerning  the  reading  over  such  entry,  and  con- 
cerning the  reply  (if  any)  made  to  the  charge,  as 
hereinbefore  required :  * 

*  For   a   list   of  offeuce.s   against   discipline,   and   tlieir   imni.sh- 
ments^  see  paragraph  8. 


APPENDIX. — SECTION   VI.  475 

3.  Every  offence  for  Avliich  punisliment  is  inflicted  on  board,  Punish- 

aud  the  punishment  inflicted  : 

4.  A  statement  of  the  conduct,  character,  and  qualifications  Conduct, 

-„-.  111T  etc.,  of  crew. 

or  each  of  his  crew,  or  a  statement  that  he  declines  to 
give  an  opinion  on  such  particulars  : 

5.  Every  case  of  illness  or  injury  happening  to  any  member  liincssesand 

of  the  crew,  with  the  nature  thereof,  and  the  medical 
treatment  adopted  (if  any) : 

6.  Every  case  of  death  happening  on  board,  and  of  the  Deaths. 

cause  thereof: 

7.  Every  birth  happening  on  board,  with  the  sex  of  the  in-  Births. 

fant,  and  the  names  of  the  parents  : 

8.  Every  marriage  taking  place  on  board,  with  the  names  Marriages. 

and  ages  of  the  parties  : 

9.  The  name  of  every  seaman  or  apprentice  who  ceases  to  Quitting 

be  a  member  of  the  crew,  otherwise  than  by  death, 
with  the  place,  time,  manner,  and  cause  thereof: 

10.  The  amount  of  wages  due  to  any  seaman  who  enters  Wages  of 

T-r       -ir    •  ,     r^         ■        1      •  1  1"^"     enter- 

Her  Majesty  s  Service  during  the  voyage :  ing  Navy. 

11.  The  wages  due  to  any  seaman  or  apprentice  Avho  dies  Wages  of 

during  the  voyage,  and  the  gross  amount  of  all  deduc-  seamen. 
tions  to  be  made  therefrom  :  * 

12.  The  sale  of  the  effects  of  anv  seaman  or  apprentice  vt'ho  Sale   of  de- 

,.,.,.  .     ",     ,.  n  1    censed  men's 

dies  during  the  voyage,  including  a  statement  oi  each  eiTccts. 

article  sold,  and  of  the  sum  received  for  it  :  * 

13.  Every  collision  with  any  other  ship,  and  the  circum-  Collisions. 

stances  under  which  the  same  occurred.t 
V.  The  entries  hereby  required  to  be  made  in  official  log  Seciion  283. 
books  shall  be  signed  as  follows  ;  that  is  to  say,  every  such  to  be  signed, 
entry  shall  be  signed  by  the  master  and  by  the  mate  or  some 
other  of  the  crew,  and  every  entry  of  illness,  injury,  or  death 
shall  be  also  signed  by  the  surgeon  or  medical  practitioner 
on  board  (if  any)  ;  and  every  entry  of  wages  due  to  or  of  the 
sale  of  the  effects  of  any  seaniiin  or  apprentice  who  dies, 
shall  be  signed  by  the  master  and  by  the  mate  and  some 
other  member  of  the  crew  ;  and  every  entry  of  wages  due  to 
any  seaman  who  enters  Her  Majesty's  Service  shall  be  signed 

*  The  19th  section  of  the  Act  imposes  a  penalty  not  exceeding 
treble  the  value  of  the  money  or  effects  not  accounted  for,  or  if 
sucli  value  is  not  ascertained,  not  exceeding  50?.,  for  neglecting  tliis 
entry. 

f  The  328tli  .section  of  the  Act  imposes  a  specific  penalty  of  20/. 
for  neglecting  this  entry. 


476  APPENDIX. SECTION    VI, 

by  the  master  and  by  the  seaman  or  by  the  officer  authorised 
to  receive  the  seaman  into  such  service. 
Section  284.      VI.  The  following  offences  in  respect  of  official  log  books 

Penalties   m  _  •   i     i  i  i 

respect      of  shall   be  punishable  as  heremafter  mentioned;    (that  is  to 
Logs.  say,; 

1.  If  in  any  case  an  official  log  book  is  not  kept  in  the 

manner  hereby  required,  or  if  any  entry  hereby  directed 
to  be  made  in  any  such  log  book  is  not  made  at  the 
time  and  in  the  manner  hereby  directed,  the  master 
shall  for  each  such  offence  incur  the  specific  penalty 
herein  mentioned  in  respect  thereof,  or  where  there 
is  no  such  specific  penalty,  a  penalty  not  exceeding 
five  pounds : 

2.  Every  person  who  makes  or  procures  to  be  made  or 

assists  in  makuig  any  entry  in  any  official  log  book, 
in  respect  of  any  occurrence  happening  previously  to 
the  arrival  of  the  ship  at  her  final  port  of  discharge, 
more  than  twenty-four  hours  after  such  arrival,  shall 
for  each  such  offence  incur  a  penalty  not  exceedmg 
thirty  pounds  : 

3.  Every  person  who  wilfully  destroys  or  mutilates  or  ren- 

ders illegible  any  entry  in  any  official  log  book,  or 
who  wilfully  makes  or  procures  to  be  made  or  assists 
in  making  any  false  or  fraudulent  entry  or  omission 
in  any  such  log  book,  shall  for  each  such  offence   be 
deemed  guilty  of  a  misdemeanor. 
Section  285.      VII.  All  entries  made  in  any  official  log  book  as  herein- 
firia"Lo"stJ  before  directed  shall  be  received  in  evidence  in  any  proceed- 
in  evidence   ^'^°  ^"  '^^y  court  of  justice,  subject  to  all  just  exceptions. 
Section  243.      VIII.  Whenever  any  seaman  who  has  been  lawfully  en- 
seamen^  and  s^gs'^)  01"  ^oy  apprentice  to  the  sea  service,  commits  any  or 
apprentices   the  following  offences,  he  shall  be  liable  to  be  punished  sum- 

and  their  .  "  ^ 

punish-         marily  as  follows  (that  is  to  say)  : 

Desertion.  1-  For  desertion  he  shall  be  liable  to  imprisonment  for 
any  period  not  exceeding  twelve  weeks,  with  or  with- 
out hard  labour,  and  also  to  forfeit  all  or  any  part  of 
the  clothes  and  effects  he  leaves  on  board,  and  all  or 
any  part  of  the  wages  or  emoluments  which  he  has 
then  earned,  and  also,  if  such  desertion  takes  place 
abroad,  at  the  discretion  of  the  Court,  to  forfeit  all  or 
any  part  of  the  wages  or  emoluments  he  may  earn  in 
any  other  ship  in  which  he  may  be  employed  until  his 
next  return  to  the  United  Kingdom,  and  to  satisfv 


APPENDIX. SECTION    VI.  477 

any  excess  of  wages  paid  by  the  master  or  owner  of 
the  ship  from  which  he  deserts  to  any  substitute  en- 
gaged in  his  place  at  a  higher  rate  of  wages  than  the 
rate  stipulated  to  be  paid  to  him. 
For  neglecting  or  refusing,  without  reasonable  cause,  to  Nejjiecting 
join  his   ship,  or  to  proceed  to  sea  in  his  ship,  or  for  "q  Join^J,"^^^ 
absence  without  leave  at  anv  time  within  twenty-four  pr"ceea  to 

'  "  sea,   absence 

hours  of  the  ship's  sailing  from  any  port,  either  at  within  24 

.1  ,  T       •  jt  r-  hours  before 

the  commencement   or   durmg   the   progress  or   any  sailing,  and 
voyage,  or  for  absence  at  any  time  without  leave  and  ^^^(^[lou^t 
without  sufficient  reason,  from  his  ship  or  from  his  leave. 
duty  not  amounting  to   desertion,  or  not  treated  as 
such   by  the  master,  he  shall  be  liable  to  imprison- 
ment for  any  period  not  exceeding  ten  weeks,  with  or 
without  hard  labour,  and  also,  at  the  discretion  of  the 
Court,  to  forfeit  out  of  his  wages  a  sum  not  exceedmg 
the  amount  of  two  days' pay,  and  in  addition  for  every 
twenty-four  hours  of  absence,  either  a  sum  not  ex- 
ceeding six  days'  pay,  or  any  expenses  which  have 
been  properly  incurred  in  hiring  a  substitute. 
For  quitting  the  ship  without  leave  after  her  arrival  at  Quitting 
her  port  of  delivery,  and  before  she  is  placed  in  se- i^aVe  before 
curitv,  he  shall  be  liable  to  forfeit  out  of  his  wages  a^^'P,  '^   ^^" 

"  ^  cured. 

sum  not  exceeding  one  month's  pay. 

For  wilful  disobedience  to  any  lawful  command  he  shall  Act  of  dis- 
be  liable  to  imprisonment  for  any  period  not  exceed-"  ^  '^"''^' 
iug  four  weeks,  with  or  without  hard  laboui-,  and  also, 
at  the  discretion  of  the  Court,  to  forfeit  out  of  his 
wages  a  sura  not  exceeding  two  days'  pay. 

For  continued  wilful  disobedience  to  lawful  commands.  Continued 
or  continued  wilful  neglect  of  duty,  he  shall  be  liable 
to  imprisonment  for  any  period  not  exceeding  twelve 
weeks,  with  or  without  hard  labour,  and  also,  at 
the  discretion  of  the  Court,  to  forfeit  for  every  twenty- 
four  hours'  continuance  of  such  disobedience  or  ne- 
glect either  a  sum  not  exceeding  six  days'  pay,  or  any 
expenses  which  have  been  properly  incurred  in  hiring 
a  substitute. 

For  assaulting  any  master  or  mate,  he  shall  be  liable  to  Assault    on 
imprisonment  for   any  period  not   exceeding  twelve "   ^^'^^' 
weeks,  with  or  without  hard  labour. 

For  combining  with  any  other  or  others  of  the  crew  to  Combining 
disobey  lawful  commands,  or  to  neglect  duty,  or  to  °  ""^  ^^' 


478 


APPENDIX. SECTION    VI. 


impede  the  navigation  of  the  ship  or  the  progress  of 

the  voyage,  he  shall  be  liable  to  imprisonment  for  any 

period  not  excecdmg  twelve  weeks,  with  or  Avithout 

hard  labour. 

Wilful  liain-      8.  For  wilfully  damaging  the  ship,  or  embezzling  or  wil- 

bezzlcnient.  f^^^^'  damaging  any  of  her  stores  or  cargo,  he  shall  be 

liable   to   forfeit   out   of  his  wages   a   sum    equal   in 

amount  to  the  loss  thereby  sustained,  and  also,  at  the 

discretion   of    the   Court,   to   imprisonment   for   any 

period  not  exceeding  twelve  weeks,  with  or  without 

hard  labour. 

Actof  smii};-     9.  For  any  act  of  smuggling  of  which  he  is  convicted,  and 

fn<,"^ioss*"to  whereby  loss  or  damage  is  occasioned  to  the  master 

""'"*'■•  or  owner,  he  shall  be  liable  to  pay  to  such  master  or 

owner  such  a  sum  as  is  sufficient  to  reimburse  the 

master  or  owner  for  such  loss  or  damage  ;  and  the 

whole  or  a  proportionate  part  of  his  wages  may  be 

retained  in  satisfaction  or  on  account  of  such  liability, 

without  prejudice  to  any  further  remedy. 

Section  244.      IX.  Upon  the  commission  of  any  of  the  offences  enume- 

Entry  of  of-  ^      ^  .  •' 

fences  to  lie  rated  in  the  last  preceding  section,  an  entry  thereof  shall  be 

ciaiLog.and  i'"''^de  in  the  official  log  book,  and  shall  be  signed  by  the 

o*'ve^'^orT'^     master,  and  also  by  the  mate  or  one  of  the  crew  ;  and  the 

copy  given    offender,  if  still  in  the  ship,  shall,  before  the  next  subsecivient 

to  the  iif-  •       1      z.    1         1  ■ 

fender,  and   arrival  of  the  ship  at  any  port,  or  if  she  is  at  the  time  in  port 
any.'^to  1^'  '  heforc  her  departure  therefrom,  either  be  furnished  with  a 
also  entered,  copy  of  such  entry  or  have  the  same  read  over  distinctly  and 
audibly  to  him,  and  may  thereupon  make  such  reply  thereto 
as  he  thinks  fit ;  and  a  statement  that  a  copy  of  the  said 
entry  has  been  so  furnished,  or  that  the  same  has  been  so 
read  over  as  aforesaid,  and  the  reply  (if  any)  made  by  the 
offiinder,  shall  likewise  be  entered  and  signed  in  manner  afore- 
said ;  and  in  any  subsequent  legal  proceeding  the   entries 
hereinbefore  required  shall,  if  practicable,    be  produced  or 
proved,  and  in  default  of  such  production  or  proof  the  Court 
hearing  the  case  may,  at  its   discretion,    refuse  to   receive 
evidence  of  the  offence. 
Section  256.      X.  If  any   seaman   commits   any   act    of  misconduct  for 
fencers  in  re-  which,  under  the  stipulations  in  his  agreement,  he  has  sub- 
stip'uiafions  J^^^*^^  liimself  to  a  fine,  and  if  it  is  intended  to  enforce  such 

iti  agree-       fine,  an  entry  thereof  shall  be  made  in  the  official  log  book, 
ments   must        i  ^  i  o  ' 

be  attested    and  a  copy  of  such  entry  shall  be  furnished,  or   the  same 

over  to  shall  be  read  over  to  the  offender,  and  an  entry  of  such 

oft'ender. 


APPENDIX. — SECTION   VI.  479 

reading  over,  and  of  the  rep]y  (if  any)  hy  the  offender,  shall 
be  made,  in  the  same  manner. 

XI.  AU  orders  made  by  any  naval  court  shall,  whenever  Section  264. 
practicable,  be  entered  in  the  official  log  book  of  the  ship  to  Na/a?  ° 
which  the  parties  to  the  proceedings  before  it  belong,  and  enter'ecH  ^^ 
shall  be  signed  by  the  president  of  the  court.  Official 

XII.  Whenever  a  survey  of  provisions  or  water  is  made  Section  221. 
by  the  direction  of  any  naval  or  Consular  officer,  or  of  any  pJ^oTmons 
shipping  master  or  chief  officer  of  Customs,  a  statement  of  ^"'^ '^''*"^''- 
the  result  of  the  examination  shall  be  entered  in  the  official 

log. 

XIII.  In  the  case  of  foreign-going  ships,  the  master  shall  Section  286. 
within  forty-eight  hours  after  the  ship's  arrival  at  her  final  Logs'to  te 
port  of  destination  in   the   United  Kingdom,  or  upon  the  gf^'/^p '^g  '" 
discharge  of  the  cre^,  whichever  first  happens,  deliver  to  the  ^i^.**''^'' "" 
shipping  master  before  whom  the   crew  is  discharged  the  ship. 
official  log  hook  of  the  voyage ;  and  the  master  or  owner  of 

every  home  trade  ship  (not  exclusively  employed  in  trading 
between  ports  on  the  coasts  of  the  United  Kingdom)  shall 
within  twenty-one  days  after  the  Thirtieth  day  of  June  and 
the  Thirty-first  day  of  December  in  every  year,  transmit  or 
deliver  to  some  shipping  master  in  the  United  Kingdom  the 
official  log  book  for  the  preceding  half  year  ;  and  every  master 
or  owner  who  refuses  or  neglects  to  deliver  his  official  log 
book  as  required,  shall  incur  a  penalty  not  exceeding  five 
pounds,  besides  subjecting  his  vessel  to  detention,  by  stop- 
ping her  clearance. 

XIV.  If  any  ship  ceases  by  reason  of  transfer  of  owner- Section  287. 
ship  or  change  of  employment  to  fall  within  the  definition  of  JjJa^l'geof 

a  foreign-going  or  of  a  home  trade  ship,  the  master  or  owner  °^''"f'"*^'P°'^ 

■,     ^T    . t.  ,       ,  .      .       ,  employment, 

shall,  it  such  ship  is  then  m  the  United  Kingdom,  within  one  iiow  otficiai 

mouth,  and  if  she  is  elsewhere,  within  six  months,  deliver  or  deUve^red. 

transmit  to  the  shipping  master  at  the  port  to  which  the  ship 

belonged  the  official  log  book  (if  any)  duly  made  out  to  the 

time  at  Avhich  she  ceased  to  be  a  foreign-going  or  home  trade 

ship,  and  in  default  for  each  offence  he  shall  incur  a  penalty  Penalty  for 

nw  exceeding  ten  2)0VMds ;  and  if  any  ship  is  lost  or  aban-  ^^^siect. 

doned.  the  master  or  owner  shall,  if  practicable,  and  as  soon 

as  possible,  deliver  or  transmit  to  the  shipping  master  at  the 

port  to  which  the  ship  belonged  the  official  log  book  (if 

any)  duly  made  out  to  the  time  of  such  loss  or  abandonment.  Penalty  for 

and  in  default  for  each  offence  he  shall  \ViCxvc  a  penalty  »o«c?!fe'^of'"oss 

exceeding  ten  pounds.  of  siiip. 


480  APPENDIX. — SECTION   VI. 

XV.  The  mjister,  owner,  or  any  of  the  crew  of  any  British  Section  13. 
ship,  if  called  upon,  shall  produce  the  official  log  book  to  any  ^f  Log  Book 
officer  of  the  Board  of  Trade,  or  any  commissioned  officer  of  "^^/  '"^ , 

'  •'  enforced. 

any  of  Her  Majesty's  ships  on  full  pay,  or  any  British  Con- 
sular officer,  or  the  Registrar-General  of  Seamen  and  his 
Assistant,  or  any  chief  officer  of  Customs  in  any  place  in 
Her  Majesty's  dominions,  or  any  shipping  master,  in  cases 
where  any  such  officer  or  person  has  reason  to  suspect  that 
the  provisions  of  the  Act  or  the  Laws  for  the  time  being 
relating  to  merchant  seamen  and  to  navigation  have  not 
been  complied  with  ;  and  any  such  officer  or  person  may 
take  copies  of  official  log  books  or  documents,  or  of  any 
part  thereof,  and  may  summon  the  master  to  appear  and 
give  any  explanation  concerning  his  ship  or  her  crew,  or  the 
official  log  books  or  documents. 

XVI.  If  diu'ing  the  progress  of  a  voyage  the  master  is  Section  259. 
superseded,  or  for  any  other  reason  quits  the  ship,  and  is  change  of 
succeeded  in  the  command  by  some  other  person,  he  shall  "^^p^g""' 
deliver  to  his  successor  the  various  documents  relating  to  '"u^'  *>«  ^^- 

livered   over 

the  navigation  of  the  ship  and  to  the  crew  thereof  which  are  to  new 
in  his   custody,   and  shall  in   default  incur   a  penalty  not 

•"  1111    Penalty  for 

exceeding  one  hundred  pounds ;  and   such   successor  shall,  neglect. 
immediately  on  assuming  the  command  of  the  ship,  enter  in  Entry  of 

,        -  1   T  1         1  •  documents 

the  official  log  a  list  of  the  documents  so  delivered  to  him.       to  be  made 

in  Official 
I/Og  Bool(. 


appendix. section  vi. 

Index  to  Entries  ix  Official  Log  Book. 


481 


ENTRIES. 

Reference  to  any  pages  in  which  the  various 
entries  appear. 

I.  Conviction  of  any  member  of  crew 

2.  Offence  committed    by   member    of 
crew  for  which  it  is  intended  to  pro- 
secute, or  to  enforce  a  forfeiture,  or 
to  exact  a  fine,  toffether  with  such 
statement    concerning   the    reading 
over  such  entry,  and  concerning  the 
reply  (if  any)  made  to  the  charge  as 
hereinbefore  required 

3.  Offence  for  which   punishment  has 
been    inflicted    on    board,    and  the 
punisliment  inflicted  

4.  Statement  of  the  conduct,  character, 
and   qualifications  of  each  member 

5.  Illness,  or  injury,  that  has  happened 
to  any  member  of  crew,  the  nature 
thereof,  and  the  medical  treatment 
adopted  (if  any>  

6.  Death  that  has  happened  on  board, 

7.  Birth  that  has  happened  on  board, 
the  sex  of  the  infant,  and  the  names 

8.  Marriage   that   lias   taken  place   on 
board,  the  names  and   ages   of   the 

9.  Name  of  seaman  or  apprentice  who 
has  ceased  to  be  a  member  of  the 
crew,  otherwise  than  by  death,  with 
the  place,  time,  manner,  and  cause 
thereof  

10.  Amount  of  wages  due  to  any  seaman 
who  has  entered  Her  Majesty's  ser- 

11.  Wages  due  to  any  seaman  or  appren- 
tice who  has  died  during  the  voyage, 
and  the  gross  amount  of  all  deduc- 
tions to  be  made  therefrom  

12.  Sale  of  the  effects  of  any  seaman  or 
apprentice  who  has  died  during  the 
voyage,  including    a    statement    of 
each  article  .sold  and  of  the  sum  re- 

13.  Collision  with   any  other  ship,  and 
the  circumstances  under  which  the 
same  occurred  

15.  Survey  of  provisions  and  water    

3    Q 


482 


APPENDIX. — SECTION    VI. 

List  of  Crew  and  Report  of  Character. 


Cliristian  and  Surname  at 

Report  of  Character.* 

If  there  is  any  entry  in  the 
Log  relating  in  any  way 
to  the  crew,  the  page  or 
pages  in  the  Log  where 
the  entry  is  to  be  found 
should  be  written  in  tliis 
column      opposite      the 
man's  name. 

crew,  and  capacity  in  which 
engaged. 

For  General           For  Ability 
Conduct.          in  Seamanship. 

1 

*  V.  G.  for  "Very  Good,"  G.  "Good,"  M.  "Middling,"  and  I.  "In- 
different." The  Master  may  also  insert  particulars  of  ability  or  conduct ; 
thus,  "Helm"  good,  or  "Sobriety"  indifferent.  If  he  declines  giving  any 
opinion  he  must  so  state  opposite  the  man's  name. 


APPENDIX. — SECTION   VI.  483 

XXXI.  Regulations  for  maintaining  Discipline,  sanctioned 
BY  THE  Board  of  Trade. 

In 'pursuance  of  the  Merchant  Shipping  Act,  17  c&  18  Vict.  c.  104. 

These  Regulations  are  distinct  from  and  in  addition  to  tliose  con- 
tained in  the  Act,  and  are  sanctioned  but  not  universally  required  by 
law.  All  or  any  of  them  may  be  adopted  by  agreement  between  a 
master  and  his  crew,  and  thereupon  the  offences  specified  in  such  of 
them  as  are  so  adopted  will  be  legally  punishable  by  the  appropriate 
fines  or  punishments.  These  Regidations  are  all  numbered,  and  the 
numbers  of  such  of  them  as  are  adopted  must  be  inserted  in  the  space 
left  for  that  purpose  in  the  agreement,  and  a  copy  of  these  Regulations 
must  be  made  to  correspond  with  the  agreement  by  erasing  such  of 
the  Regulations  as  are  not  adopted,  and  must  then  be  attached  to  and 
kept  with  the  agreement  which  the  master  of  the  ship  takes  to  sea  with 
him.  If  the  agreement  is  made  before  a  shipping  master,  his  signa- 
ture or  initials  must  be  placed  opposite  such  of  the  Regulations  as 
are  adopted. 

For  the  purpose  of  legally  enforcing  any  of  the  following  penalties, 
a  statement  of  the  offence  must,  immediately  after  its  commission,  be 
entered  in  the  official  log  book  by  the  direction  of  the  master,  and 
must  at  the  same  time  be  attested  to  be  true  by  the  signatures  of  the 
master  and  the  mate,  or  one  of  the  crew ;  and  a  copy  of  such  entry 
must  be  furnished,  or  the  same  must  be  read  over  to  the  offender, 
before  the  ship  reaches  any  port  or  departs  from  the  port  at  which 
she  is,  and  an  entry  that  the  same  has  been  so  furnished  or  read  over, 
and  of  the  reply,  if  any,  of  the  offender,  must  be  made  and  signed  in 
the  same  manner  as  the  entry  of  the  offence.  If  the  punishment  is  a 
fine,  these  entries  must,  upon  discharge  of  the  offender,  be  shown  to 
the  shipping  master  before  whom  the  offender  is  discharged,  or,  in  the 
case  of  a  home-trade  ship,  to  some  shipping  master  at  or  near  the  place 
where  the  crew  is  discharged ;  and  if  he  is  satisfied  that  the  offence  is 
proved,  and  that  the  entries  have  been  properly  made,  the  fine  must 
be  deducted  from  the  offender's  wages,  and  paid  over  to  the  shipping 
master. 

If,  in  consequence  of  subsequent  good  conduct,  the  master  thmks 
fit  to  remit  or  reduce  any  fine  upon  any  member  of  his  crew  which 
has  been  entered  in  the  log,  and  signifies  the  same  to  the  shipping 
master,  the  fine  shaU  be  remitted  or  reduced  accordingly.  If  wages 
are  contracted  for  by  the  voyage  or  by  share,  the  amount  of  the  fines 
is  to  be  ascertained  in  the  manner  in  which  the  amount  of  forfeiture 
is  ascertained  in  similar  cases  under  sect.  252. 


184 


APPENDIX. — SECTION   A'l. 


OFFENCE. 

Amount  of  Fine 
or  Punishment. 

Shipping  Mas- 
ter's Signature   : 
or  Initials. 

1 

Not  being  on  board  at  the  time  fixed  by 
the  agreement 

Two  Days'  Pay. 
One  Day's  Pay. 

One  Day's  Pay. 

Two  Days'  Pay. 
One  Day's  P;iy. 

2 

Not  returning  on  board  at  tlie  expiration 

3 

Insolence  or  contemptuous  language  or 
bihaviour  towards   the  master  or  any 
mate  

4 

Striliing  or  assaulting  any  person  on  board 
or  belonging  to  the  ship  

5 

Quarrelling  or  provoking  to  quarrel 

6 

Swearing  or  u>ing  improper  language 

One  Day's  Pay. 

1 

7 

Bringing  or  having  on  board  spirituous 
liquors  

Three  Days' Pay. 
One  Day's  Pay. 

8 

Carrying  a  sheath-knife   

•1 

Drunkenness.     First  offence 

Two    Days'    half 

Ditto.            Second  offence 

allowance      of 
Provisions. 
Two  Days'  Pay. 

10 

Neglect  on  the  part  of  the  officer  in  charge 

of  the  watch  to  place  the  look-out  pro- 

^perly  

Two  Days'  Pay. 

Two  Days'  Pay. 

One  Day's  Pay. 
One  Day's  Pay. 

Haifa  day's  Pay. 

11 

Sleeping  or  gross  negligence  while  on  the 
look-out    

12 

13 

Smoking  below 

14 

Neglecting  to  bring  up,  open  out,  and  air 
bedding,  when  ordered 

15 

(For  the  Cook) — Not  liaving  any  meal  of 
the  crew  ready  at  the  appointed  time  ... 

One  Day's  Pay. 

16 

Not  attending  Divine  service  on  Sunday, 
unless  prevented  by  sickness  or  duty  of 
the  ship 

One  Day's  Pay. 

17 

Interruijting  Divine  service  by  indecorous 
conduct   

One  Day's  Pay. 
One  Day's  Pay. 

18 

Not  being  cleaned,  shaved,  and  washed  on 
Sundays  

19 

Washing  clothes  on  a  Sunday 

One  Day's  Pay. 

20 

Secreting  contraband  goods  on  board  with 
intent  to  smuggle 

One  Month's  Pay. 

21 

Destroying  or  defacing  the   copy  of  the 
agreement  which  is  made  accessible  to 

rino  riQir'c    Po„ 

22 

If  any  officer  is  guilty  of  any  act  or  default  which  is  made 
subject  to  a  fine,  he  shall  be  liable  to  a  fine  of  twice  the 
number  of  days'  pay  which  would  be  exacted  for  a  like  act 
or  default  from  a  seaman,  and  such  fine  shall  be  paid  and 
applied  in  the  same  manner  as  other  fines. 

APPENDIX. SECTION    VI. 


485 


XXXII.  Form  to  be  used  in  Cases  where  shipwrecked  Seamen  are 
PICKED  UP  AT  Sea  and  conveyed  Home,  or  to  any  other  Port. 

I,  ,  master  of  the  ,  merchant  vessel,  belonging 

to  the  port  of  ,  and  of  the  burden  of  tons  per 

register,  do  solemnly  and  sincerely  declare,  That  I  received  on  board 
the  said  vessel  at  the  under  mentioned  sea- 

men, subjects  of  Great  Britain  *[  ,  being  part  or  the  whole 

of  the  crew  of  the  merchant  vessel,  which  I  have  heard 

and  verily  believe  was  on  her  voyage  from  to  , 

of  the  burden  of  about  tons,  and  was  owned  by 

of  ].  ^  ' 

1  further  declare  that  I  landed  them  on  the  day  or  days,  place  or 
places,  set  forth  in  the  statement  underneath,  and  subsisted  them  the 
number  of  days  against  each  pei'son  expressed,  making  in  the  whole  f 
days ;  and  that  during  the  whole  of  such  time  I  had  my 
full  complement  of  men  and  boys,  viz.  men  and  boys  % 

exclusive  of  the  under-mentioned  seamen,  for  whom  I  now  claim  sub- 
sistence ;  and  in  proof  of  the  justice  of  the  claim  I  am  willmg  (if 
required)  to  produce  my  log  book,  and  the  declaration  of  the  mate  and 
carpenter ;  and  I  make  this  solemn  declaration  conscientiously  be- 
lieving the  same  to  be  true. 

I  further  declare  that  ||  were  saved  from  the  wrecked 

vessel. 


Men's  Names. 


Ratings.'     ^■''^"^ 
i<5..    received. 


In  what 
vessel  ship- 
wrecked. 


From 
what  ship 
received. 


When  and  where 

landed,  or  how 

disposed  of. 


Port. 


Date. 


No.  of 
Days  on 
Board. 


Declared  before  me  at 


this 


Master's  Signature. 
day  of  ,  18     . 

Magistrate^  Signature. 


'■•  The  words  between  [  ]  must  be  repeated  for  every  wrecked  vessel,  when 
more  than  one,  to  which  the  seamen  belonged. 

t   The  number  here  is  to  be  inserted  in  words  at  length 

+  If  the  full  complement  not  on  board,  state  how  many  were  deficient. 

II  Here  insert  the  words  "  not  any  provisions,"  or  (as  the  case  may  be)  ''  the 
provisions  specified  on  the  other  side  hereof." 


486  APPENDIX. — SECTION   VI. 

A  Statement  of  all  the  Provisions  saved  from  the  wrecked  Vessel. 


Description. 

Quantity. 

A'alue.                          Remarks. 

£ 

s. 

d.  1 

1 

Note. — When  this  form  is  properly  filled  up  and  declared  to,  the 
master  of  the  ship  is  to  deliver  it  to  the  shipping  master,  and  proof 
must  be  given  to  the  shipping  master  that  the  men  have  been  landed 
at  the  port. 

If  the  master  wishes  the  money  that  may  be  due  to  him  for  the 
subsistence  of  the  seamen  paid  to  the  owners  or  other  parties,  he  is  to 
sign  the  following  form  : 

Pay  the  amount  due  for  the  subsistence,  etc.,  of  the  distressed  sea- 
men brought  home,  as  stated  on  the  other  side,  to  of 

. Master. 

Dated  this  day  of  ,18     . 

Certificate  of  the  Shipping  Master. 

I  hereby  certify,  That  the  number  of  seamen  and  boys,  as  stated  on 
the  other  side,  were  landed  at  this  port  on  the  day  of 

1 8     ,  from  the  ship  * 

and  that,  exclusive  of  such  seamen,  the  full  complement  of  the  crew, 
according  to  the  number  shipped  on  the  agreement  of  the  said  vessel 
when  she  left  the  United  Kingdom,  have  returned  in  her.t 

Shipping  Master. 

___^  Port. 

Date. 

Note. — The  shipping  master,  after  signing  this  certificate,  is  to  for- 
ward the  document  to  the  Registrar-General  of  Seamen. 

*  If  all  the  seamen  were  not  landed,  here  state  the  exceptions, 
t  If  the  number  of  the  crew  is  less  than  on  the  original  agreement,  here 
state  how  many  are  deficient. 


APPENDIX. — SECTION   VI. 


487 


Certificate  of  the  Registrar-General  of  Seamen. 


Number 
of  Sea- 
men and 
Boys  con- 
veyed. 


Number 
of  Days 
sub- 
sisted 


Rate 

per  Day 


Deduct, 

For     value    of    provisions 

saved  from  the  wreck  ... 

For  men   deficient    on    the 
complement  of  crew 
days  at  per  day... 


Amount. 


I  hereby  certify,  That  I  have 
examined  the  agreement  of  the 
ship  referred  to  as  having  been 
wrecked,  and  find  that  the  sea- 
men brought  home  formed  no 
part  of  her  crew,  and  that  the 
sum  of  pounds, 

shillings,  pence, 

is  due  to  the     master  of  the 
ship 

for  their  conveyance  home,  as 
per  account  in  the  margin. 

Registrar. 

day  of 


Dated  this 


Memorandum. 
Order   sent  for  payment   to   the   shipping  master  at  the  port   of 
,  on  the  day  of  ,  18     . 


Board  of  Trade,  Whitehall. 


XXXIII.  Voucher  for  Payments  by  a  Master. 


Name  of  Ship. 

Official 
Num- 
ber. 

Port  of 
Registry. 

Name  of  Master. 

Description 
of  Voyage. 

Date  of  Final 

Termination  of 

Voyage. 

I  certify  that  the  above-named  Master  has,  in  my  presence,  paid  to 
the  crew  of  the  above-named  ship,  in  respect  of  the  above-mentioned 
voyage,  the  sum  of  £     „     „     . 

Signed Shipping  Manter. 

Dated  at  ,  the  day  ,18     . 


488 


APPENDIX. — SECTION   VI. 


XXXIV.  Form  to  be  used  in  a  Claim  to  the  Admiralty  Court  for 
Compensation  for  Seamen  having  volunteered  into  the  Navy 
from  a  Merchant  Ship. 

Particulars  of  tlie  Claim  of  ,  of  the  or  vessel 

for  compensation,  by  reason  of  ,  a  seaman,  serving  on 

board  the  said  vessel,  having  on  the  day  of        ,18     ,  at  , 

volunteered  to  and  been  engaged  on  board  Her  Majesty's  ship 

Note. — The  Answers  to  the  several  Questions  must  be  written  oppo- 
site to  the  respective  questions,  in  a  clear  and  legible  hand,  and  must 
be  signed  by  the  claimant.  Sums  of  money  must  be  written  both  in 
letters  and  figures.    The  claimant  must  sign  his  name  to  the  answers. 

The  blanks  in  the  affidavit  must  then  be  filled  up,  and  may  be  sworn 
to  by  the  claimant  before  the  Judge  or  Registrar  of  the  High  Court  of 
Admiralty  of  England,  or  before  a  Commissioner  to  administer  oaths 
in  Admiralty,  or  before  a  Magistrate,  or  before  any  person  duly  autho- 
rised to  administer  oaths  in  the  Court  of  Admiralty. 

When  completed,  the  paper  should  be  left  with  or  sent  to  the  Regis- 
trar of  the  High  Court  of  Admiralty. 


AS   TO   THE   SHIP. 


1.  Name  of  claimant's  ship? 

2.  Her  tonnage? 

3.  Her  port? 


4,  Her    complement   or    usual    number  of 
hands? 


5.  Name  and  address  of  the  master  ? 


6.  Name    and     address    of    the     principal 
owner?.- 


7.  Voyage  on  which  she  was  engaged? 


APPENDIX. — SECTION    VI. 


489 


Questions. 


AS    TO  THE   VOLUNTEER. 


8.  Name  of  the  seaman  who  volunteered? ... 

9.  His  capacity  ?    

10.  The  wages  for  which  he  had  contracted  ? 

11.  Wliether  the  same  were  raised  during  the 

voyage  or  not? 

12.  The  voyage  for  which  he  had  contracted? 

13.  Whether  he  signed  the  ship's  articles  ?  ... 

14.  When? 

15.  Where?    

16.  Present  place  of  deposit  of  those  articles  ? 

1".  Name   of  the   ship   to  which  he  volun- 
teered ?    


18.  Time? 

19.  Place? 


20.  Whether  with  or  without  the  consent  of 
the  master?     


AS   TO   SUBSTITUTE. 


21.  Name  of  the  substitute  engaged?. 

22.  When  ? 

23.  Where?    


24.  Number  of  hands  serving  on  board   the 

vessel,  when   the   substitute    was   en- 
gaged?      

25.  Whether  it  was  necessary  for  the  safety 

and  proper  navigation  of  the  ship  that 
a  substitute  should  be  engaged  ?     

26.  Voyage  for  which  he  contracted?    

27.  Whether  he  signed  the  ship's  articles  ?  ... 

28.  When?     

29.  Where?  

30.  Present  place  of  deposit  of  those  articles? 

31.  Wages  for  which  he  contracted  ?  

32.  Capacity  in  which  he  served  on  board  ?... 


3    R 


490 


APPENDIX. — SECTION   VI 


Questions. 


33.  Whether  the  snme  or  greater  vsages  were 

then  ^iven  at  the  port,  where  the  sub- 
stitute was  engaged,  to  seamen  serv- 
ing in  like  capacities  on  board  like 
vessels?    

34.  Voyages  performed  by  the  ship  after  the 

substitute  was  engaged?    

35.  Port  of  discharge  ?    

36.  Date  of  arrival  thereat?  

37.  Date  of  discharge  of  substitute  ?  

38.  Number  of    months    and    days    during 

which  the  substitute  served,  and  for 
which  he  was  paid? 

39.  Amount  of  wages  paid  to  him?    

40.  Amount   which   would    have  been  pay- 

able to  the  seamm  originally  en- 
gaged?  

41.  Amount  claimed  for  compensation  ?    


Signature  of  Claimant. 


I  ,  of  ,  in  the  ,  do  make  oath 

and  say,  That  I  am  the  ,  of  the  or  vessel  of 

the  port  of  ,  and  as  such  the  claimant  in  this  case  :  That 

the  aforegoing  statement,  to  which  I  have  subscribed  my  name 
contains  true  and  correct  answers  to  the  several  printed  questions 
opposite  to  which  the  said  answers  are  respectively  written,  and  that 
there  is  now  justlj^  due  and  owing  to  me  the  sum  of  pounds 

shillings  and  pence,  as  compensation  for  the  excess 

of  wages  and  remuneration  paid  by  me  by  reason  of  , 

a  seaman  belonging  to  my  said  vessel,  having  on  the  day  of 

,       ,  18     ,  at  ,  volunteered  to  Her  Majesty's  ship 

,  and  of  my  having  been  thereby  compelled  to  hire  a  substi- 
tute in  his  place. 

Sworn  by  the  said  ,  this  day  of  1 8     ,  at 

in  the 

Before  me, 


APPENDIX.  49 1 


SECTION  THE  SEVENTH. 


15  Vict.  cap.  26. 

An  Act  to  enable  Her  Majesty  to  carry  into  effect  Arrangements 

made  ivith  Foreign  Powers  for  the  Apprehension  of  Seamen 

who  desert  from  their  Ships. 

[17th  June,  1852.] 
Whereas  arrangements  have  been  made  with  certain  Foreign 
Powers  for  the  recoveiy  of  seamen  deserting  from  the  ships 
of  such  powers  when  in  British  ports,  and  for  the  recovery  of 
seamen  deserting  from  British  ships  when  in  the  ports  of  such 
powers  :  And  whereas  it  is  exjDedient  to  enable  Her  Majesty 
to  carry  such  arrangements  into  effect,  and  likewise  to  enable 
Her  Majesty  to  carry  into  effect  any  similar  aiTangements  of 
a  like  nature  which  may  be  made  hereafter  :  Be  it  enacted 
by  the  Queen's  most  Excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  Lords  Spiritual  and  Temporal,  and 
Commons,  in  this  present  Parliament  assembled,  and  by  the 
authority  of  the  same,  as  follows  : 

1.  Whenever  it  is  made  to  appear  to  Her  Majesty  that  due  Her  Majesty 
facilities  are  or  will  be  given  for  recovering  and  apjirehending  "Tin^coun- 
seamen  who  desert  from  British  merchant  ships  in  the  terri- ''''  declare 

^  that   Desert- 

tories  of  any  foreign  power,  Her  Majesty  may,  by  Order  in  ers  from 
Council  stating  that   such  facilities   are   or   will   be   given,  reit,'n  Powers 
declare  that   seamen,    not  being    slaves,   who   desert  from '"^^^^^"^5*^" 
merchant  ships  belonging  to  a  subject  of  such  power,  when '"'^  given 
within  Her  Majesty's  dominions  or  the  territories  of  the  East 
India  Company,  shall  be  liable  to  be  apprehended  and  carried 
on  board  their  respective  ships,  and  may  limit  the  operation 
of  such  Order,  and  may  render  the  operation  thereof  subject 
to   such   conditions   and   qualifications,  if  any,   as   may   be 
deemed  expedient. 

2.  Upon  such  publication  as  hereinafter  mentioned  of  any  Upon  pubii- 
such  Order  in  Council,  then,  during  such  time  as  the  same  re-  Jier  in  coun- 
mains  in  force,  and  subject  to  such  limitations  and  qualifications,  ^hai  "fw'^-"'* 
if  any,  as  may  be  therein  contained,  every  Justice  of  the  Peace  recovering 

.....  Deserters 

or  other  omcer  havmg  jurisdiction  in  the  case  oi  seamen  who  from  the 
desert  from  British   merchant   ships  in    Her  Majesty's  do- 1^^^^  p,nv-' 
minions  or  in   the  territories  of  the  East  India  Company  ^'"^'  ^'"^  ™"y 

'■        •'  apprehend 

shall,  on  application  being  made  by  a  Consul  of  the  foreign  ti'tm,  and 


492 


Al'PKNDIX. — SECTION    VII. 


send  them 
on  board. 


Penalty  on 
persons  har' 
bouring 
such  De- 
serters. 


Orders  to  Ve 
published  in 
the  Lnyidon 
Gazette. 

Orders  may 
be  revoked 
or  altered. 


power  to  which  such  Order  in  Council  relates,  or  his  deputy 
or  representative,  aid  in  ajiprehending  any  seaman  or  appren- 
tice who  deserts  from  any  merchant  ship  belonging  to  a  sub- 
ject of  such  power,  and  may  for  that  pui'pose,  upon  complaint 
on  oath  duly  made,  issue  his  warrant  for  the  apprehension  of 
any  such  deserter,  and,  upon  due  proof  of  the  desertion,  order 
him  to  be  conveyed  on  board  the  vessel  to  which  he  belongs, 
or  to  be  delivered  to  the  master  or  mate  of  such  vessel,  or  to 
the  owner  of  such  vessel  or  his  agent,  to  be  so  conveyed  ;  and 
tliereupon  it  shall  be  lawful  for  the  person  ordered  to  convey 
such  deserter,  or  for  the  master  or  mate  of  such  vessel,  or  the 
owner  or  his  agent  (as  the  case  may  require),  to  convey  him 
on  board  accordingly. 

3.  If  any  person  protects  or  harbours  any  deserter  who  is 
liable  to  be  apprehended  under  this  Act,  knowing  or  having 
reason  to  believe  that  he  has  deserted,  such  person  shall  for 
every  offence  be  liable  to  a  penalty  not  exceeding  ten  pounds, 
and  every  such  penalty  shall  be  recovered,  paid,  and  applied 
in  the  same  manner  as  penalties  for  harboming  or  protecting 
deserters  from  British  merchant  ships. 

4.  Every  Order  in  Council  to  be  made  under  the  authority 
of  this  Act  shall  be  published  in  the  London  Gazette  as  soon 
as  may  be  after  the  making  thereof 

5.  Her  Majesty  may  by  Order  in  Council  from  time  to  time 
revoke  or  alter  any  Order  in  Council  previously  made  under 
the  authority  of  this  Act. 

6.  This  Act  may  be  cited  as  the  "  Foreign  Deserters  Act, 
1852." 

The  following  countries  have  received  Orders  in  Council  in 
furtherance  of  the  provisions  of  the  said  Act  : 


Austria 
Belgium 
Denmark 
France 
Hanover 
Hanseatic  States 
Mecklenburg  Schwerin 
Netherlands 
Oldenburgh 
Prussia 
*Eussia 
Sardinia    . 
Two  Sicilies 


,  16th  October,  1852. 

.  8th  February,  1855, 

.  June,  1853. 

.  3rd  July,  1852. 

.  8th  June,  1854. 

.  16th  October,  1852. 

.  9th  March,  1854. 

.  Ditto. 

.  June,  1853. 

.  16th  October,  1852. 

.  November,  1852. 

.  10th  March,  1855. 

.  September,  1853. 
Annulled  l>y  the  war. 


APPENDIX..  493 


SECTION   THE   EIGHTH. 


TEEATIES,  ETC.* 
No.  1. 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain 
and   Ireland,    and   the  ,    being   equally 

desirous  of  affording  every  facility  and  encouragement  to  their  re- 
spective subjects  and  citizens  engaged  in  commercial  intercourse 
with  each  other,  have  nominated  as  their  Plenipotentaries  to  conclude 
a  Treaty  for  this  pui-pose  ;  that  is  to  say,  Her  Majesty  the  Queen  of 
the  United  Kingdom  of  Great  Britain  and  Ireland,  the  {here 

name,  rank,  aiid  title  of  Plenipotentiary),  and  {here  name,  rank, 

etc.  of  other  ambassador).  Who  having  communicated  to  each  other 
their  respective  full  powers,  found  in  good  and  due  form,  have  agreed 
upon  and  concluded  the  following  articles  : 

No.  2. 
From  and  after  the  date  of  the  exchange  of  the  ratifications  of  the 
present  treaty,  British  vessels  entering  or  departing  from  the  ports  of 
,  and  its  dependencies,  and  vessels  entering  or  de- 

parting from  the  ports  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  or  of  Her  Britannic  Majesty's  possessions  abroad,  shall  be 
subject  to  no  other  or  higher  dues  or  charges,  of  whatsoever  nature  they 
may  be,  than  those  which  are  now,  or  shall  hereafter  be,  imposed  upon 
national  vessels  entering  or  departing  from  such  ports  respectively. 

No.  3. 

All  articles,  of  the  growth,  produce  or  manufacture  of  any  of  the 
dominions  of  either  of  the  High  Contracting  Parties,  which  are,  or 
shall  be  permitted  to  be  imported  into,  or  exported  from  the  ports  of 
the  United  Kingdom,  and  of  respectively,  in  vessels  of  the 

one  country,  shall  in  like  manner  be  permitted  to  be  imported  into, 
and  exported  from  those  ports  in  vessels  of  the  other. 

All  articles  not  of  the  gro^vtll,  produce,  or  manufacture  of  the 
dominions  of  Her  Britannic  Majesty,  which  can  legally  be  imported 
from  the  United  Kingdom  of  Great  Britain  and  Ireland  into  the  ports 
of  ,  in  British  ships,  shall  be  subject  only  to  the  same  duties  as 

are  payable  upon  the  like  articles,  if  importedin  ships,  and  the 

same  reciprocity  shall  be  observed  in  the  ports  of  the  United  Kingdom 

*    Vide  Preface, 


494  APPENDIX. — SECTION   VIII. 

in  respect  to  all  articles,  not  the  growth,  produce,  or  manufacture  of 
the  dominions  of  Her  said  Majesty,  which  can  legally  be  imported 
into  the  ports  of  the  United  Kingdom  in  ships. 

All  goods,  wares,  and  merchandise  which  can  legally  be  imported 
into  the  ports  of  either  country,  shall  be  admitted  at  the  same  rate  of 
duty,  whether  imported  in  the  vessels  of  the  other  country,  or  in 
national  vessels  ;  and  all  goods,  wares,  or  merchandise,  which  can  be 
legally  exported  from  the  ports  of  either  country,  shall  be  entitled  to 
the  same  bounties,  drawbacks,  and  allowances,  whether  exported  in 
vessels  of  the  other  country,  or  in  national  vessels. 

No.  4. 
No  priority  or  prefarence  shall  be  given,  directly  or  indirectly,  by  the 
Government  of  either  country,  or  by  any  company,  corporation,  or 
agent  acting  on  its  behalf,  or  under  its  authority,  in  the  purchase  of 
any  article,  the  gi-owth,  produce,  or  manufacture  of  either  country, 
imported  into  the  other,  on  account  of,  or  in  reference  to  the  character 
of  the  vessel  in  which  the  article  was  imported  ;  it  being  the  true  intent 
and  meaning  of  the  High  Contracting  Parties  that  no  distinction  or 
diflference  whatever  shall  be  made  in  this  respect. 

No.  5. 
All  merchants,  commanders  of  ships,  and  others,  the  subjects  of  Her 
Britannic  Majesty,  shall  have  full  liberty,  in  all  the  territories  of 
,  to  manage  their  own  affairs  themselves,  or  to  commit  them 
to  the  management  of  whomsoever  they  please,  as  broker,  factor, 
agent,  or  ^interpreter  ;  nor  shall  they  be  obliged  to  employ  any  other 
persons  for  those  purposes  than  those  employed  by  ,  or  to  pay 

them  any  other  salary  or  remuneration,  than  such  as  is  paid  in  like 
cases  by  citizens,  and  absolute  freedom  shall  be  allowed  in  all 

cases  to  the  buyer  and  seller,  to  bargain  and  fix  the  price  of  any  goods, 
wares,  or  merchandise  imported   into,  or  exported  from  as 

they  shall  see  good,  observing  the  laws  and  established  custom  of  the 
country.  The  same  privileges  shall  be  enjoyed  in  the  dominions  of 
Her   Britannic  Majesty,  by  the   citizens   of  under  the   same 

conditions. 

No.  6. 
The  citizens  and  subjects  of  the  Contracting  Parties,  in  the 
territory  of  each  other,  shall  receive  and  enjoy  full  and  perfect  pro- 
tection for  their  persons  and  property,  and  shall  have  free  and  open 
access  to  the  Courts  of  Justice  in  the  said  countries  respectively,  for  the 
prosecution   and  defence  of  their  just  rights ;  and  they  shall  be  at 


APPENDIX. — SECTION  VIII.  495 

liberty  to  employ,  in  all  causes,  the  advocates,  attornies,  or  agents  of 
whatever  description,  whom  they  may  think  proper,  and  they  shall 
enjoy  in  this  respect  the  same  rights  and  privileges  therein  as  native 
citizens. 

Ko.  7. 
In  whatever  relates  to  the  succession  of  personal  estates,  by  will  or 
otherwise,  and  the  disposal  of  personal  property  of  every  sort  and 
denomination,  by  sale,  donation,  exchange,  or  testament,  or  in  any 
other  manner  whatsoever,  as  also  the  administration  of  justice,  the 
subjects  and  citizens  of  the  two  Contracting  Powers  shall  enjoy  in  their 
respective  dominions  and  territories  the  same  privileges,  liberties,  and 
rights,  as  native  subjects,  and  shall  not  be  charged  in  any  of  these 
respects  with  any  higher  imposts  and  duties,  than  those  which  are 
paid,  or  may  be  paid  by  the  native  subjects  or  citizens  of  the  power 
in  whose  dominions  or  territories  they  may  be  resident. 

No.  8. 
In  all  that  relates  to  the  police  of  the  ports,  the   lading  and  unlad- 
ing of  ships,  the  safety  of  merchandise,  goods,  and  effects,  the  subjects 
of  Her  Britannic  Majesty,  and  the  citizens  of  ,  respectively, 

shall  be  subject  to  the  local  laws  and  regidatious  of  the  dominions  and 
territories  in  which  they  may  reside.  They  shall  be  exempted  from  all 
compvdsory  military  service,  whether  by  sea  or  land,  no  forced  loans 
shall  be  levied  on  them,  nor  shall  their  property  be  subject  to  any  other 
charges,  requisitions,  or  taxes,  than  such  as  are  paid  by  the  native 
subjects  or  citizens  of  the  contracting  parties  in  their  respective 
dominions. 

iVo.  9. 
For  the  better  security  of  commerce  between  the  subjects  of  Her  Britan- 
nic Majesty  and  the  citizens  of  ,  it  is  agreed  that  if  at  any  time  any 
interruption  "  of  any  friendly  commercial  intercourse,  or  any  rupture 
should  unfortunately  take  place  between  the  two  Contracting  Parties, 
the  subjects  or  citizens  of  either  of  the  two  Contracting  Parties,  residing 
in  the  dominions  of  the  other,  shall  have  the  privilege  of  remaining 
and  continuing  their  trade  therein,  without  any  manner  of  interruption^ 
so  long  as  they  behave  peaceably,  and  commit  no  offence  against  the 
laws  ;  and  their  effects  and  property,  whether  entrusted  to  individuals 
or  to  the  state,  shall  not  be  liable  to  seizure  or  sequestration,  or  to  any 
other  demands  than  those  which  may  be  made  vipon  the  like  effects  or 
property  belonging  to  the  native  inhabitants  of  the  state  in  which  such 
subject  or  citizen  may  reside. 


496  APPENDIX. — SECTION    VIII. 

JVo.  10. 
For  the  better  security  of  commerce  between  tlie  subjects  of  Her 
Britaimic  Majesty  and  the  citizens  of  ,  it  is  agreed  that  if  at 

any  time  any  interruption  of  friendly  intercourse,  or  any  rupture 
should  unfortunately  take  place  between  the  two  Contracting  Parties, 
the  sul)jects  or  citizens  of  either  of  the  two  Contracting  Parties  residing 
upon  the  coasts  shall  be  allowed  six  mouths,  and  those  residing  in  the 
interior  a  whole  year,  to  wind  up  their  accounts  and  dispose  of  their 
property  ;  and  a  safe  conduct  shall  be  given  them  to  embark  at  the 
ports  which  they  themselves  shall  select. 

i\a  11. 

In  order  to  avoid  any  misunderstanding  with  regard  to  the  regula- 
tions that  determine  the  conditions  which  constitute  a  British  or  a 
vessel,  it  is  hereby  agreed  that  all  vessels  built  in  the 
dominious  of  Her  Britannic  Majesty,  and  all  vessels  which,  having 
been  captured  from  an  enemy  by  Her  Majesty's  ships  of  war  or  by  the 
subjects  of  her  said  Majesty,  furnished  by  the  Lords  Commissioners  of 
the  Admiralty  with  letters  of  marque,  shall  have  been  regularly  con- 
demned in  one  of  Her  said  Majestj^'s  Prize  Courts  as  a  lawful  prize  ; 
and  all  vessels  which  shall  have  been  condemned  in  any  competent 
Court  for  a  breach  of  the  laws  made  for  the  prevention  of  the  slave 
trade,  shall,  provided  they  are  owned,  navigated,  and  registered 
according  to  the  laws  of  Great  Britain,  be  considered  as  British 
vessels ;  and  that  all  vessels  built  in  the  territories  of  of  the 

,  or  which,  having  been  captured  from  an  enemy  by 
ships  of  war  or  by  the  subjects  of  furnished  with  letters  of 

marque,  shall  have  been  regularly  condemned  in  one  of  the  Prize 
Courts  of  the  kingdom  of  as  a  lawful  prize  :  and  all  vessels 

which  shall  have  been  condemned  in  any  competent  Coui-t,  for  a  breach 
of  the  laws  made  for  the  prevention  of  the  slave  trade,  shall,  provided 
they  are  wholly  owned  by  any  subject  or  subjects  of  ,  and  pro: 

vided  that  the  master  and  three-fourths  of  the  crew  are  •  sub- 

jects, be  considered  as  vessels. 

JVo.  12. 

The  respective  ships  of  war  and  Post-office  packets  of  the  two 
Countries  shall  have  liberty  freely  and  securely  to  come  to  all  harbours, 
rivers,  and  places  to  which  other  foreign  ships  of  v/ar  and  packets  are, 
or  may  be  permitted  to  come,  to  enter  into  the  same,  to  anchor  and  to 
remain  there,  and  refit ;  subject  always  to  the  laws  and  statutes  of  the 
two  countries  respectively. 

Any  British  or  vessels  which  may  be  compelled  by  stress  of 


APPENDIX. — SECTION   VIII.  497 

weather  or  by  accident  to  take  shelter  in  the  ports  of  either  of  the 
High  Contracting  Parties,  shall  be  at  liberty  to  refit  therein,  to  procure 
all  necessary  stores  and  to  put  to  sea  again,  without  paying  any  other 
than  port  or  lighthouse  dues,  which  shall  be  the  same  as  those  payable  by 
national  vessels.  In  case,  howevei-,  the  master  of  such  vessel  should  be 
under  the  necessity  of  disposing  of  a  part  of  the  merchandise  in  order 
to  defray  his  expenses,  he  shall  be  bound  to  conform  to  the  regulations 
and  tariffs  of  the  place  to  which  he  may  have  come. 

No.  13. 

In  the  event  of  any  subject  or  citizen  of  either  of  the  two  Contract- 
ing Parties  dying  without  will  or  testament  in  the  dominions  or 
territories  of  the  said  Contracting  Parties,  the  Consul-General  or  Consul 
of  the  said  nation,  or  in  his  absence  his  representative,  shall  have  the 
right  to  nominate  curatox's  to  take  charge  of  the  property  of  the 
deceased  so  far  as  the  laws  of  each  country  will  permit,  for  the  benefit 
of  his  lawful  heirs  and  creditors,  without  interference,  giving  conve- 
nient notice  thereof  to  the  authorities  of  the  country. 

No.  14. 

The  subjects  of  Her  Britannic  Majesty  and  the  citizens  of 
respectively,  shall  enjoy  in  their  hoiises,  persons,  and  properties,  the 
protection   of    the    Government,   and   continue   in   possession   of  the 
privileges  which  they  now  enjoy. 

The  subjects  of  Her  Britannic  Majesty  residing  in  the  territories  of 
shall  furthermore  enjoy  the  most  perfect  and  entire  security  of 
conscience,  without  being  annoyed,  prevented,  or  disturbed  on  account 
of  their  religious  belief  ;  neither  shall  they  be  annoyed,  molested,  or 
disturbed  in  the  proper  exercise  of  their  religion,  provided  that  this 
take  place  in  private  houses,  and  with  the  decorum  due  to  Divine 
worship,  with  due  respect  to  the  laws,  usages,  and  customs  of  the 
country.     In  the  like  manner  the  citizens  of  shall  enjoy  within 

all  the  dominions  of  Her  Britannic  Majesty,  a  perfect  and  unrestrained 
liberty  of  conscience,  and  of  exercising  their  religion  publicly  and 
privately  within  their  own  dwelling-houses,  or  in  the  chapels  and  places 
of  worship  appointed  for  that  purpose,  agreeably  to  the  system  of 
toleration  established  in  the  dominions  of  Her  said  Majesty.  Liberty 
shall  also  be  granted  to  bury  the  subjects  of  either  of  the  two  contract- 
ing parties  who  may  die  in  the  dominions  or  territories  of  the  other, 
in  burial  places  of  their  own,  which  in  the  same  manner  they  may 
freely  establish  and  maintain  ;  noi*  shall  the  funerals  or  sepulchres  of 
the  dead  be  disturbed  in  any  way  or  upon  any  account. 

3  s 


498  APPENDIX. — SECTION    VIII. 

No.  15. 
It  is  agreed  and  covenanted  that  neithei-  of  the  High  Contracting 
Parties  shall  knowingly  and  wilfully  receive  into  and  entertain  in 
their  service  persons,  subjects  of  the  other  power,  deserting  from 
the  military  service  thereof,  whether  by  sea  or  land  ;  but  that  on 
the  contrary,  they  shall  each  respectively  discharge  any  such  person 
from  their  service  upon  being  required.  But  it  is  agreed  and  declared, 
that  neither  of  the  High  Contracting  Parties  shall  grant  to  any  other 
state  any  favour,  on  the  subject  of  persons  deserting  from  the  service 
of  that  state  which  shall  not  be  considered  as  granted  also  to  the 
other  High  Contracting  Party,  in  the  same  manner  as  if  the  said  favour 
had  been  expressly  stipulated  by  the  present  Treaty. 

No.  16. 
And  it  is  further  agreed,  that  in  cases  of  apprentices  or  sailors 
deserting  from  vessels  belonging  to  the  subjects  of  either  of  the  High 
Conti'acting  Parties  while  within  the  ports  of  the  other  party,  the 
magistrates  shall  be  bound  to  give  every  assistance  in  their  power 
for  the  apprehension  of  such  deserters,  on  due  application  to  that 
effect  being  made  by  the  Consul-General  or  Consul,  or  by  his  deputy 
or  representative  ;  and  that  no  public  body,  civil  or  religious,  shall 
protect  or  harbour  such  deserters. 

No.  17. 
In  order  to  regulate  what  is  in  future  to  be  deemed  contraband  of 
war,  it  is  agreed  that  under  the  said  denomination  shall  be  comprised 
all  arms  and  implements  serving  for  the  purposes  of  war  by  land 
or  by  sea,  such  as  cannon,  muskets,  pistols,  mortars,  petards,  bombs, 
gi-enades,  carcases,  saucissons,  carriages  for  cannon,  musket-rests, 
bandoliers,  gunpowder,  match,  saltpetre,  ball,  pikes,  swords,  head- 
pieces, cuirasses,  halberts,  lances,  javelins,  horse  furniture,  holsters, 
belts,  and  generally  all  other  implements  in  war  ;  as  also  timber  for 
shij3-building,  tar  or  resin,  copper  in  sheets,  sails,  hemp  and  cordage, 
and  generally  whatsoever  may  serve  directly  to  the  equipment  of 
vessels  of  war,  unwrought  iron  and  fir-planks  excepted  :  and  all  the 
above  articles  are  hereby  declared  to  be  just  objects  of  confiscation 
whenever  they  are  attempted  to  be  carried  to  an  enemy. 

No.  18. 
Whenever  it  happens  that  any  ships  of  war  or  merchantmen  be- 
longing to  either  state  are  wrecked  in   the   ports  or  on  the   coasts 
of  their  respective  territories,   the  authorities  and  ofticers  of  Customs 
of  the  place  shall  lend  every  possible  assistance  towards  saving  the 


APPENDIX. — SECTION   VIII.  499 

persons  and  effects  which  are  wrecked,  and  shall  also  provide  for 
the  security  and  care  of  the  articles  saved  or  of  their  proceeds,  in 
order  that  they  may  be  restored  to  their  respective  Governments  if 
the  vessel  wrecked  be  a  ship  of  war,  or  if  she  be  a  merchant  vessel, 
to  the  owner  or  his  attorney  duly  authorised,  or  in  his  absence  to 
the  respective  Consul,  whenever  the  delivery  may  be  claimed,  or  so 
soon  as  the  salvage  and  expenses  incurred  in  the  custody  of  the 
goods  claimed  shall  be  saved  ;  and  no  lugher  charge  of  salvage  shall 
be  allowed  in  either  Country  upon  the  ships  of  the  other  than  upon 
national  ships.  Goods  saved  from  shipwreck  shall  not  be  liable  to  pay 
duties,  unless  cleared  for  consumption. 

No.  19. 

The  subjects  and  citizens  of  the  two  Countries  respectively  shall 
have  liberty  freely  and  securely  to  come  with  their  ships  and  cargoes, 
or  with  goods  borne  by  land  or  by  inland  navigation  to  all  such 
places,  ports,  and  rivers  in  the  respective  territories  to  which  other 
foreigners  are  or  may  be  permitted  to  come  ;  and  to  enter  into  the 
same,  and  to  remain  and  reside  in  any  port  or  place  of  the  said 
territories  respectively  ;  and  to  hire  and  occupy  houses  and  ware- 
houses for  the  purposes  of  their  commerce,  in  such  manner  as  is 
permitted  to  merchants  of  the  most  favovired  nations  ;  and  generally 
the  merchants  and  traders  of  each  State  shall,  within  the  territories 
of  the  other,  enjoy  the  most  complete  protection  and  security  for 
theu'  commerce,  subject  always  to  the  laws  and  statutes  of  the  two 
States  respectively  ;  and  generally  each  of  the  said  High  Contracting 
Parties  agrees  to  place  the  other,  in  all  that  respects  trade,  commerce, 
and  navigation,  on  the  footing  of  the  most  favoured  nation. 

No.  20. 
It  is  mutually  agreed,  that  no  higher  or  other  duties  shall  be  levied 
in  the  territories  of  either  of  the  High  Contracting  Parties  upon  any 
personal  property  of  the  subjects  and  citizens  of  each  respectively, 
on  the  removal  of  the  same  from  the  said  territories  (either  upon 
inheritance  of  such  property  or  otherwise),  than  are  or  shall  be  payable 
in  each  State  upon  the  like  property,  when  removed  by  a  subject  or 
citizen  of  such  State  respectively. 

No.  21. 
The  High  Contracting  Parties  reserve  to  themselves  to  enter  upon 
additional  stipulations  for  the  purpose  of  facilitating  and  extending, 
even  beyond  what  is  comprehended  in  the  Treaty  of  this  date,  the 
commei'cial  relations  of  their  respective  subjects  and  dominions,  citizens 
and  territories,   upon  the  piinciple  either  of  reciprocal  or  eciuivalent 


500  APPENDIX. — SECTION   VIII. 

advantages,  as  tlie  case  may  be ;  and  in  the  event  of  any  article  or 
articles  being  concluded  between  the  said  High  Contracting  Parties  for 
giving  effect  to  such  stipulations,  it  is  hereby  agreed  that  the  article  or 
articles  which  may  hereafter  be  so  concluded,  shall  be  considered  as 
forming  pai't  of  the  present  Treaty. 

No.  22. 
It  is  further  agreed,  that  in  all  cases  where,  in  either  Kingdom,  the 
duty  to  be  levied  upon  any  goods  imported  shall  be,  not  a  fixed  rate, 
but  a  proportion  of  the  value  of  the  goods,  such  ad  valorem  duty  shall 
be  ascertained  and  secured  in  the  following  manner,  that  is  to  say : 
The  importer  shall,  on  making  his  entry  for  the  payment  of  duty  at  the 
Custom  House  of  either  Country,  sign  a  declaration  stating  the  value 
of  the  goods  at  such  amount  as  he  shall  deem  proper  ;  and  in  case  the 
representative  officer  or  officers  of  the  Customs  should  be  of  opinion 
that  such  value  is  insufficient,  he  or  they  shall  be  at  liberty  to  take  the 
goods,  on  paying  the  importer  the  value  according  to  his  declaration, 
together  with  the  addition  of  10  per  cent,  and  on  returning  the  duty 
paid.  The  amount  of  these  sums  to  be  paid  by  the  said  officer  or 
officers  on  delivery  of  the  goods  to  him  or  them,  which  must  be  within 
fifteen  days  from  the  first  detention  of  the  goods. 

No.  23. 
The  stipulations  of  the  present  Treaty  shall  not  apply  to  the  coasting 
trade  carried  on  between  port  and  port  in  thedominionsof  either  Contract- 
ing Party  by  the  sailing  or  steam  vessels  of  the  other,  so  far  as  regards 
the  carrying  of  passengers,  merchandise,  or  articles  of  commerce  ;  this 
trade  being  reserved  exclusively  to  national  vessels. 

No.  24. 
The  subjects  of  the  Ionian  Islands,  shall,  in  consequence  of  their 
being  actually  under  the  immediate  protection  of  Her  Britannic  Majesty, 
enjoy  all  the  advantages  which  are  granted  to  the  commerce  and  to  the 
subjects  of  Great  Britain  by  the  present  Treaty  ;  it  being  well  under- 
stood that,  to  prevent  all  abuses,  and  to  prove  its  identity,  every 
Ionian  vessel  shall  be  furnished  with  a  patent  signed  by  the  Lord  High 
Commissioner  or  his  representative. 

No.  25. 
The  present  Treaty  shall  remain  in  force  during  the  space  often  years, 
dating  from  the  exchange  of  ratifications  thereof ;  and  further  until 
the  expiration  of  twelve  months  after  either  of  the  High  Contracting 
Parties  shall  have  given  notice  to  the  other  of  its  intention  to  put  an 
end  thereto  :  each  of  the  High  Contracting  Parties  reserving  to  itself 


APPENDIX. SECTION    VIII.  501 

the  right  of  giving  such  notice  to  the  other,  at  the  expiration  of  the 
first  nine  years  ;  and  it  is  agreed  between  them  that  at  the  expiration 
of  twelve  months  after  such  notice  shall  have  been  received  by  either 
of  the  High  Contracting  Parties  from  the  other,  the  present  Treaty  and 
all  the  stipulations  contained  therein  shall  cease  to  be  binding  on  the 
two  Parties. 

No.    26. 

The   present  Treaty  shall  be  ratified,  and  the   ratifications  thereof 

exchanged  at  ,  at  the  expiration  of  one  month,  or  sooner,  if 

possible.      In  witness   whereof,  the  respective  Plenipotentiaries  have 

sigTied  the  same,  and   have   affixed  thereto  the  seals  of  their  arms. 

Done  at 

No.  27.* 
That  the  ships  of  either  Party  shall  have  free  liberty  to  enter  into 
any  port  or  river  belonging  to  the  dominions  of  the  Other,  where  they 
shall  pay  duties  only  for  what  they  sell,  and  for  the  rest,  may  freely 
export  it  again  without  molestation  ;  and  shall  enjoy  all  other  accus- 
tomed privileges. 

No.  28. 
That  there  shall  not  be  any  seizure  made  of  any  of  the  ships  of 
either  Party  either  at  sea  or  in  port ;  but  they  shall  pass  without  any 
interruption,  they  displaying  their  colours  ;  and  to  prevent  any  mis- 
understandings the  ships  of  shall  be  fm-nished  with  certificates, 
imder  the  hand  and  seal  of  the  British  Consul,  of  their  belonging  to 
,  which  they  are  to  produce  on  meeting  any  English  ship,  on 
board  of  whom  they  shall  have  liberty  of  sending  two  men  only, 
peaceably  to  satisfy  themselves  of  their  being  English,  who,  as  well  as 
any  passengers  of  any  other  nations  they  may  have  on  board,  shall  go 
free,  both  they  and  their  goods. 

No.   29. 
That  if  an  English  ship  receive  on  board  any  goods  or  passengers 
belonging  to  the  kingdom  of  ,  they  shall  be  bound  to  defend 

them  and  their  goods,  so  far  as  lieth  in  their  power,  and  not  deliver 
them  unto  their  enemies  ;  and  the  better  to  prevent  any  unjust 
demands  being  made  on  the  crown  of  Great  Britain,  and  to  avoid 
disputes  and  differences  that  might  arise,  all  goods  and  merchandise 
that  shall  from  henceforward  be  shipped  by  the  subjects  of  , 

either  in  this  port,  or  in  any  other  whatsoever  on  board  the  ships  or 

*  The   remaining  clauses   are   generally  those   inserted   in   Treaties   with 
Barbai'y  States. 


502  APPENDIX. SECTION    VJII. 

vessels  belonging  to  Great  Britain,  sliall  be  first  entered  in  the  office  of 
Cancelleria,  before  the  British  Consul  residing  at  the  respective  port, 
expressing  the  quantity,  quality,  and  value  of  the  goods  so  shipped, 
which  the  said  Consul  is  to  manifest  in  the  clearance  given  to  the  said 
ship  or  vessel  before  she  departs  :  to  the  end  that  if  any  cause  of 
complaint  should  hapjien  hereafter,  there  may  be  no  gi'eater  claims  made 
on  the  British  nation  than  by  this  method  sliall  be  proved  to  be  just 
and  equitable. 

No.  30. 
That  if  any  of  the  ships  of  either  Party  shall  by  accident  and  foul 
weather  or  otherwise   be  cast  away  uj^on  any  of  the  coasts  belonging 
to  the  Other,  the  persons  shall  be  free,  and  the  goods  saved  and  delivered 
to  the  proprietors  thereof. 

No.  31. 
That  the  English  which  do  at  present,  or  shall  at  any  time  hereafter, 
inhabit  in  the  city  or  kingdom  of  ,  shall  have  free  liberty, 

when  they  please,  to  transport  themselves,  with  their  families  and 
children,  although  boru  in  the  country. 

No.  32. 
That  the  people  belonging  to  the  dominions  of  either  Party  shall 
not    be   abused   with   ill-language   or  otherwise  ill-treated  ;    but   the 
parties  so  offending  shall   be   punished   severely   according  to   their 
deserts. 

No.  33. 

That  the  Consul  or  any  other  of  the  English  nation  residing  in 
shall  not  be  obliged  to  make  their  addresses,  in  any  differ- 
ence, unto  any  Court  of  Justice,  but  to  the  Bashaw  or  Dey  himself, 
from  whom  only  they  shall  receive  judgnient,  in  case  the  difference 
should  happen  between  a  subject  of  Great  Britain  and  another  of 
this  Government,  or  any  other  foreign  nation  ;  but  if  it  should  be 
between  two  of  Her  Britannic  Majesty's  subjects,  then  it  is  to  be 
decided  by  the  British  Consul  only. 

No.  3i. 
That   neither  the  English  Consul  nor  any  other  of  Her  Majesty's 
subjects  shall  be  liable  to  pay  the  debts  of  any  other  of  the  nation, 
unless  particularly  bound  thereto  under  his  own  hand. 

No.  35, 
That  whereas  the  island  of  Minorca,  in  the  Mediterranean  Sea,  and 


APPENDIX. — SECTION    VIII.  503 

the  city  of  Gibraltar  in  Spain,  do  now  belong  to  Her  Majesty  the 
Queen  of  Great  Britain.  It  is  hereby  agreed  and  fully  concluded, 
that  from  this  time  forward  for  ever,  the  said  island  of  Minorca 
shall  be  esteemed  (as  likewise  Gibraltar)  by  the  Government  of 
to  be  in  every  respect  part  of  Her  Britannic  Majesty's  dominions; 
and  the  inhabitants  thereof  shall  be  looked  upon  as  Her  Majesty's 
natural  born  subjects,  in  the  same  manner  as  if  they  had  been  born 
in  any  other  part  of  Great  Britain ;  and  they,  with  their  ships  and 
vessels  wearing  British  colours,  shall  be  permitted  freely  to  trade 
and  traffic  in  any  part  of  the  kingdom  of  ,  and  shall  pass 

without  any  molestation  whatsoever,  either  on  the  seas  or  elsewhere, 
in  the  same  manner  and  with  the  same  freedom  and  privileges  that 
have  been  stipulated  in  this  and  all  former  treaties  in  behalf  of  the 
British  nation  and  subjects. 

No.  36. 
That  the  better  and  more  firmly  to  maintain  the  good  coiTespondence 
and  friendship  that  have  been  so  long  and  happily  established  between 
the  Crown  of   Great  Britain  and  the   Government  of  ,  it  is 

hereby  agreed  and  concluded  by  the  parties  before  mentioned,  that 
none  of  the  ships  and  vessels  belonging  to  ,  or  the  dominions 

thereof,  shall  be  permitted  to  cruise  or  look  for  prizes,  of  any  nature 
whatsoever,  before  or  in  sight  of  the  aforesaid  city  of  Gibraltar,  or 
any  of  the  ports  in  the  island  of  Minorca,  to  hinder  or  molest  any 
vessels  bringing  provisions  or  refreshments  for  Her  Britannic  Majesty's 
troops  and  garrisons  in  those  places,  or  to  give  any  disturbance  to 
the  trade  and  commerce  thereof;  and  if  any  prize  shall  be  taken  by 
the  ships  or  vessels  of  ,  within  the  space  of  ten  miles  of  the 

aforesaid  jilaces,  she  shall  be  restored  without  any  contradiction. 

No.  37. 
That  all  ships  of  war  belonging  to  the  dominions  of  either  Party 
shall  have  free  liberty  to  use  each  other's  ports  for  washing  or  cleaning 
and  repairing  any  of  their  defects,  and  to  buy  and  ship  ofi"  any  sort  of 
victuals,  alive  or  dead,  or  any  other  necessaries,  at  the  price  the 
natives  buy  at  in  the  market,  without  paying  custom  to  any  officer  ; 
and  whereas  Her  Britannic  Majesty's  ships  of  war  do  frequently 
assemble  and  harbour  in  the  port  of  Mahon  in  the  island  of  Minorca, 
if,  at  any  time,  they  or  Her  Majesty's  troops  in  garrison  there  should 
be  in  want  of  provisions,  and  should  send  from  thence  to  purchase 
supplies  in  any  part   of  the   dominions  belonging  to  ,  they 

shall  be  permitted  to  buy  cattle  alive 'or  dead,  and  all  other  kinds 
of  provisions,  at  the  prices  they  are  sold  at  in  the  market ;  and  sliall 


504  APPENDIX. — SECTION   VIII. 

be  suffered  to  carry  it  off  without  paying  duty  to  any  officer,  in 
the  same  manner  as  if  Her  Majesty's  ships  were  themselves  in  the 
port. 

No.  38. 
That  in  case  any  ship  of  war  belonging  to  the  kingdom  of 
shall  take  in  any  of  their  enemy's  ships  any  Englishman  serving  for 
wages,  they  are  to  be  made  slaves  ;  but  if  merchants  or  passengers, 
they  are  to  enjoy  their  liberty  and  goods  free. 

No.   39. 
That  if  any  slave  of  shall  make  his  escape  from  thence,  and 

get  on  board  an  English  man-of-war,  the  said  slave  shall  be  free,  and 
neither  the  English  Consul,  nor  any  of  his  nation,  shall  in  any  manner 
be  questioned  about  the  same. 

No.  40. 
That  the  better  to  prevent  any  disputes  that  may  hereafter  arise 
between  the  two  Parties  about  salutes  and  public  ceremonies,  it  is 
hereby  agreed  and  concluded,  that  whenever  any  flag-officer  of  Great 
Britain  shall  arrive  in  the  Bay  of  ,  in  any  of  Her  Majesty's  ships 

of  war,  there  shall  be  shot  off  from  the  Castle  of  ,  or  other  the 

nearest  fortifications  belonging  to  ,  a  number  of  guns,  accord- 

ing to  custom,  as  a  royal  salute  to  Her  British  Majesty's  colours,  and 
the  same  number  shall  be  returned  in  answer  thereto  by  Her  Majesty's 
ships  :  and  it  is  hereby  stijiulated  and  agreed,  that  all  ceremonies  of 
honour  shall  be  allowed  to  the  British  Consul  who  resides  here,  to 
represent  equally  in  every  respect  Her  Majesty's  person  to  any  other 
nation  whatsoever,  and  no  other  Consul  in  the  kingdom  to  be  per- 
mitted before  him  in  precedency. 

No.  41. 
It  is  moreover  agreed,  concluded,  and  established,  that  in  case  any 
British  ship  or  ships,  or  any  of  the  subjects  of  Her  Majesty  of  Great 
Britain,  shall  import  at  the  port  of  ,  or  any  port  of  this  king- 

dom, any  warlike  stores,  as  cannons,  muskets,  pistols,  cannon  jjowder 
or  fine  powder,  bullets,  masts,  anchors,  cables,  pitch,  tar,  or  the  like  ; 
as  also  provisions,  viz.,  wheat,  barley,  beans,  oats,  oil,  or  the  like,  for 
the  said  kinds  of  merchandise  they  shall  not  pay  any  sort  of  duty  or 
custom  whatever. 

No.  42. 

That  in  case  a  war  should*liappen  between  Her  Britannic  Majesty 
and  any  other  state  or  nation  whatever,  the  ships  of  shall  not 


APPENDIX. — SECTION    VIII.  505 

in  any  sort  afford  assistance  to  the  enemies  of  Her  Majesty  or  Her 
subjects. 

No.  43  A. 
That  if  an  Englishman  kill  a  Turk,  he  shall  be  judged  before  the 
Cadi  of  the  place,  according  to  justice.  If  he  be  found  guilty  of  the 
crime  he  shall  be  punished  with  death  ;  but  if  he  escape,  the  Consul 
shall  not  be  molested  or  called  upon  for  that  account ;  and  the  Consul 
shall  always  have  timely  notice,  that  he  may  have  an  opportunity  of 
being  present  at  the  trial. 

No.  43  B. 
That  in  case  any  subject  of  Her  Majesty  the  Queen  of  England,  being 
in  any  part  of  the  kingdom  of  ,  happen  to  strike,  wound,  or 

kill  a  Turk  or  a  Moor,  if  he  be  taken,  he  is  to  be  punished  in  the  same 
manner,  and  with  no  greater  severity,  than  a  Turk  ought  to  be,  being 
guilty  of  the  same  offence  ;  but  if  he  escape,  neither  the  English 
Consul,  nor  any  other  of  Her  said  Majesty's  subjects,  shall  be  in  any 
sort  troubled  or  questioned  therefore. 

No.  44. 
That  if  at  any  time  a  war  or  rupture  happen  between  the  two  Con- 
tracting Powers,  the  English  Consiil  and  his  nation  may  freely  depart 
with  all  their  goods  and  effects  ;  and  this  article  is  to  be  reciprocal  for 
the  subjects  of 

No.  45. 
That  whereas  Gibraltar  and  the  island  of  Minorca  do  belong  to  Her 
Britannic  Majesty,  if  at  any  time  any  of  the  cruisers  of  should 

meet  with  any  vessels  of  the  said  places  under  English  colours,  fur- 
nished with  proper  passports,  they  shall  be  treated  in  all  respects  like 
other  English  ships,  provided  that  thei-e  be  no  more  than  one-third  part 
of  the  ship's  company  who  are  not  subjects  of  Her  Majesty  ;  for  in 
such  case,  they  the  said  strangers  shall  be  deemed  as  prisoners  ;  but  it 
is  allowed  to  embark  as  many  merchants  or  passengers  as  they  see 
good,  be  they  of  what  nation  soever  ;  and  if  at  any  time  a  man- 

of-war  shall  take  a  ship  from  their  enemies,  on  board  of  which  may 
happen  to  be  any  British  subjects,  they  shall  be  immediately  released, 
with  all  their  goods  and  merchandise,  provided  always  that  they  be 
provided  with  proper  passports  :  and  this  Article  is  to  be  observed 
reciprocally  on  the  part  of  the  English. 

No.  46. 
That  if  any  British  ships  or  vessels  meet  with  any  of  the  ships  or 

3  T 


506  APPENDIX. — SECTION   VIII. 

vessels  belonging  to  the  state  of  ,  and  there  should  be  any  injury 

or  offence  given  on  either  side,  justice  being  properly  demanded  shall 
be  immediately  done,  and  the  aggressor  shall  be  severely  punished, 
■without  it  occasioning  any  breach  or  war. 

No.  47. 
That  Her  Britannic  Majesty's  subjects  shall  be  always  treated  by  tlie 
state  of  with  the  highest  degree  of  respect,  love,  and  honour  ; 

because  the  English,  of  all  other  powers,  are  their  first  and  best  friends. 

No.  48. 
That  new  Mediterranean  passes  shall  be  issued  out  and  given  to  Her 
said  Majesty's  trading  subjects,  with  all  convenient  speed  ;  and  that 
the  time  for  the  continuation  of  the  old  passes  for  the  ships  in  the 
Indies  and  remote  parts,  shall  be  three  years  ;  and  for  other  ships  and 
vessels  one  year,  to  commence  from  the  dehvery  of  the  counter  top  of 
new  passes  at  ,  of  which  Her  Majesty's  Consul  here  shall  give 

the  earliest  notice  to  the  state  ;  and  it  is  hereby  expressly  agreed  and 
declared  that  the  said  old  pass  shall,  during  the  above-mentioned  space 
of  time  of  three  years  and  one  year,  be  of  full  and  sufficient  force  and 
effect  to  protect  all  ships  and  vessels  of  Her  said  Majesty's  subjects, 
who  shall  be  provided  with  the  same. 

No.  49. 
That  all  packets  bearing  Her  Britannic  Majesty's  commission  which 
shall  be  met  by  any  of  the  cruisers  of  ,  shall  be  treated  with 

the  same  respect  as  Her  Majesty's  ships  of  war  ;  and  all  due  respect 
shall  be  paid  to  Her  Majesty's  commission,  and  both  at  meeting  and 
parting  they  shall  be  treated  as  friends  ;  and  if  any  of  the  cruisers 
of  commit  the  least  fault  or  violence  against  them,  the  captain 

or  officers  so  offending  shall,  on  their  an-ival  at  ,  and  proper 

complaint  being  made  of  them,  be  most  severely  punished,  without 
admitting  of  any  excuse. 

No.  50. 
Vide  Consular  Privileges. 

No.  51. 
That  if  any  ship  of  any  nation  do  bring  any  ships,  men,  or  goods, 
belonging  to  any  of  the  subjects  of  Her  Majesty  the  Queen  of  Great 
Britain,  etc.,  into  or  any  of  the  ports  thereto  belonging,  the 

governors  there  shall  not  permit  them  to  be  sold  within  the  said  terri- 
tories ;  and  for  the  time  to  come  that  no  subject  of  Her  said  Majesty  be 
bought  or  sold,  or  made  slave  in  or  its  territories. 


APPENDIX. — SECTION   VIII.  507 

No.  52. 
If  any  ship  or  vessel  belonging  to  the  Queen  of  England  or  Her  sub- 
jects shall  come  to  any  ])OYt  within  the  dominions  with  a  prize 
or  prize  goods,  they  shall  be  at  liberty  to  sell  them,  without  hindrance 
or  molestation,  or  depart  therewith  as  they  please. 

No.  53. 
That  British  subjects  in  or  its  territories,  in  matter  of  con- 

troversy, shall  be  liable  to  no  other  jurisdiction  but  that  of  the  Dey, 
except  they  happen  to  have  difference  between  themselves,  in  which 
case  they  shall  be  liable  to  no  other  determination  but  that  of  the 
Consul  only. 

No.  54. 

Neither  shall  British  subjects  be  liable  to  arbitrary  visits  or  searches, 
nor  shall  any  examination  or  investigation  of  their  books  and  papers  be 
made  under  any  pretext  whatsoever. 

It  is  understood  withal,  that  in  cases  of  treason,  contraband,  or 
other  crimes  sjiecified  in  the  laws  of  each  country,  searches,  visits,  or 
investigations  cannot  be  made,  nor  shall  they  take  place  unless  in  the 
presence  of  the  competent  magistrate. 

No.  55. 
For  the  greater  security  of  commerce  and  freedom  of  navigation,  it  is 
concluded  and  agreed,  that  neither  Party,  as  much  as  may  be  and  shall  lie 
in  their  powers,  shall  permit  that  public  j^irates  or  other  robbers  upon 
the  sea,  in  any  of  the  ports  of  the  other  kingdom  or  country,  have 
their  receptacles  or  retreats,  or  shall  suffer  that  any  of  the  inhabitants 
or  people  of  either  prince,  do  receive  them  into  their  houses,  or  supply 
them  with  provisions,  or  be  otherwise  assisting  to  them,  but  on  the 
contrary  shall  endeavour  that  the  said  pirates  or  robbers  and  their 
partisans  and  accomplices  be  apprehended  and  punished  according  to 
their  demerit,  and  the  ships  and  goods,  as  much  as  can  be  found  of 
them,  restored  to  the  lawful  owners  or  their  agents,  provided  their 
right  be  made  appear  by  due  proof  of  law  in  the  Court  of  Admii-alty. 

No.  56. 

If  any  privateer  ship  or  vessel,  belonging  to  any  power  whatsoever 
at  war  with  the  Queen  of  England,  shall  be  in  any  bay,  port,  or  road  of 
the  dominions  where  at  the  same  time  there  shall  be  vessels 

belonging  to  the  Queen  of  England  or  Her  subjects,  the  said  vessels  of 
the  enemy  shall  not  be  permitted  to  offer  any  violence  to  them,  nor 


508  APPENDIX. — SECTION   VIII. 

to  sail  under  twenty-four  hours  after  the  said  vessels  shall  be  departed ; 
and  in  like  manner  shall  all  vessels  of  the  or  his  subjects  be 

protected  in  the  ports  of  the  Queen  of  England. 

JVo.  57. 
And  generally,  it  is  agreed,  that  the  subjects  of  the  High  Contracting 
Parties  respectively,  that  enjoy  in  all  the  territories  of  the  other,  with 
respect  to  their  vessels,  goods,  and  person,  any  rights,  privileges, 
favours,  or  exemptions,  which  are  or  which  may  be  any  time  hereafter 
granted  to  the  subjects  of  the  moat  favoured  nation. 

JVo.  58. 
If  a  subject  should  resist  or  evade  payment  of  his  just  debts 

to   a   British  subject,  the  authorities   of  shall  afford  to  the 

British  subject  every  aid  and  facility  to  recover  the  amount  due  ;  and 
in  like  manner  the  British  Consul  shall  afford  every  aid  and  facility  to 
subjects  in  recovering  debts  justly  due  to  them  from  a  British 
subject. 

JVo.  69. 
And  it  is  mutually  agi*eed  between  the  two  High  Contracting  Parties, 
that  all  the  ports  of  each  others  states  (with  the  exception  of  those 
prohibited),  where  there  are  or  may  be  Custom  Houses,  shall  be  free 
ports  for  the  reception  and  admission  of  all  articles  whatsoever,  the 
produce  or  manufacture  of  each  others  dominions,  not  destined  for 
consumption  at  the  place  they  may  have  been  received  or  admitted,  but 
for  exportation  ;  and  the  articles  thus  received  and  admitted  (subject 
to  due  regulations)  shall  be  exempted  from  the  duties  with  which  they 
would  be  charged,  if  destined  for  consumption  at  the  place  at  which 
they  may  be  landed  or  warehoused,  and  liable  only  to  the  same 
expenses  that  may  be  paid  by  national  produce  received  and  ware- 
housed for  re-exportation  in  ports  of  the  dominions  of  the  said  High 
Contracting  Parties. 


Aden. 

1839.  2nd  Februaiy. — Friendship  and  Peace. — Non-injury,  and  no 
insult  to  be  given. — Persons  in  the  interior  shall  not  molest  any  one. 

1839.     31  St  January.— Ditto. 

1839.  4th  February.— Ditto.  Merchants  shall  be  free  to  trade  with- 
out oppression. 


APPENDIX. — SECTION   VIII.  509 

Africa  (West). — Aboh. 
1841.  28th  August. —  Peace  and  Friendship. — Slave  trade  to  be 
utterly  abolished. — Officers  of  Great  Britain  may  seize  vessels,  etc., 
carrying  on  slave  trade,  and  shall  make  due  inquiry  into  the  case. — 
That  no  persons  after  signing  the  agreement  shall  be  made  slaves. — 
British  people  may  freely  come  and  go,  and  exercise  their  religion. — 
British  people  may  ti-ade  freely,  and  that  the  customs  and  dues  shall  in 
no  case  exceed  one-twentieth  part  of  the  value  of  the  goods,  and  that 
no  duties  shall  be  levied  on  goods  exported. — They  may  carry  goods 
through  the  Aboh  country,  and  may  buy  and  sell  or  hire  lands  and 
goods  ;  but  they  must  not  break  the  laws  of  the  Aboh  country. — Aboh 
people  shall  be  made  to  pay  their  debts  to  the  English. —  British  ships 
navigating  iu  the  Aboh  rivers,  etc.,  shall  be  subject  to  no  duty. — Duties 
payable  under  the  Treaty. 

Antonio  Laho7i. 
28th  February,  1848. — Similar  to  that  of  Batanga  Benito. 

Batanga. 

1847.  5th  July.— Ditto. 

Batanga  Benito. 

1848.  7th  April. — Slave  trade  to  be  abolished. — No  person  shall  be 
allowed  to  reside  for  the  purposes  of  slave  trade. — British  subjects 
may  always  trade  freely,  and  privileges  given  to  ships  or  traders  of 
other  nations  shall  be  given  to  those  of  England. — Power  of  France  to 
join  Treaty. 

Bereira. 
1845.     28th  May. — Similar  to  those  of  Aboh. 

Bimhia. 
1844.     17th  February.— 24th  February,  1846.— 19th  December,  1850- 
Same  as  Batanga  Benito. 

Biomba. 

1849.  24th  May. — Same  as  Batanga  Benito. 

Bolola. 
1847.     27th  February.— Ditto. 

Bonny. 
25th  January,   1836.— 9th  April,  1837.— No  British  subject  to  be 
detained  on  shore. — In  case  of  misunderstandings,  captains  to  go  freely 
on  shore  and  settle  differences,  and  offenders  shall  be  punished.— Duties 


510  APPENDIX. — SECTION    VIII. 

to  be  paid  by  merchant  skips. — No  master,  in  future,  to  give  out  part 
of  his  cargo  on  trust. — Property  destroyed  by  fire,  all  assistance  to  be 
given  for  recovery. — Oil  in  casks  to  be  property  of  the  ships,  in 
properly  marked  casks. — Penalty  for  shipping  in  disfigured  or  unmarked 
casks. 

1848.     21st  November. — Similar  to  Batanga  Benito. 

Cagnahac. 
1847.     26th  January. — Same  as  Batanga  Benito. 

Calabar. 
1841.     6th  December. — Abolition  of  slave  trade. — Information  to  be 
given  to  British  vessels  of  any  slave  ships. — Payment  of  tribute. — 
Confirmed  by  Treaty  of  28th  May,  1849. 

Camaroons. 
18th    March,    1840. — Non-molestation    in   trading. — Protection    of 
English  factory.- — Trvists  on  death  of  trader  to  be  transferred  to  suc- 
cessor.— Stoppage  for  payment  of  trust. — Assistance  to  be  given  to  Mr 
Lilly  for  recovery  of  debts  of  Hamilton  and  Co. 

Camarootis  (Bell  and  Acqua.) 
7th  May,  1841. — Same  as  Calabar. 

Carnaroons. 
17th  December,  1850.— Ditto. 

Ca7nma. 
25th  May,  1848. — Same  as  Batanga  Benito, 

Cantalicunda. 

18th  January,  1843. — Peace  and  Friendship. — Freedom  of  mutual 
trade. — Abolition  of  slave  trade. — Allowance  to  seize  slave  vessels. — 
■  English  may  freely  come,  stay,  and  pass  though  the  Cantalicunda 
country .^ — Prevention  of  compulsion  to  buy  and  sell. — Paths  to  be  kept 
open  through  Cantalicunda  for  trade. — Freedom  to  buy,  sell,  hiring  of 
lands  and  houses. — Punishment  for  ill-treatment  of  English  people. — 
English  people  not  to  break  laws  of  Cantalicunda. — Restoration  of 
property  forcibly  taken.— Payment  of  debts. — Appointment  of  agent  by 
Queen  of  England  to  reside  at  Cantalicunda. — Promulgation  of  law  of  the 
Treaty. — Payment  to  Chief  of  Cantalicunda. 


APPENDIX. — SECTION   VIII.  511 

Cape  Mount. 
21st  February,    1841. — Abolition    of    slave   trade. — Reciprocity   of 
trade. — Protection  of  Englishmen. — Establishment    of  factory. — Mis- 
understanding to  be  referred  to  respective  nations. 

Cartahar. 

23rd  April,  184:1. — Same  as  Cantalicunda,  having  reference,  how- 
ever, to  Cartabar. 

Chacoonda, 
6th  January,  1843.— Ditto. 

Corisco. 
6th  January,  1849. — Similar  to  Batanga  Benito. 

Corro. 

9th  January,  1843. — Same  as  Cantalicunda,  having  reference,  how- 
ever, to  Corro. 

Dohacoo7ida. 
21st  January,  1843. — Ditto. 

Drewin. 

26th  February,  1848. — Similai*  to  Batanga  Benito. 

Egarra. 
6th  September,  1841. — Same  as  Cantalicunda,  having  reference  to 
Egarra. 

Fouricaria. 

28th  May,  1845. — Peace  and  Friendship. — Permission  for  ministers 
to  reside  at  Fouricaria. — Lives  and  property  of  liberated  Africans  and 
British  subjects  to  be  inviolate. — Abolition  of  slave  trade. — No  law  of 
the  country  to  be  put  in  force  against  British  subjects,  who  are,  how- 
ever, not  to  violate  such  laws. — Freedom  of  trade  and  intercourse. — 
Liberty  to  retain  and  purchase  houses  and  property,  and  non-molesta- 
tion of  same. — Punishment  of  those  who  wrong  or  ill-treat  English 
subjects. — Vessels  to  be  placed  on  same  footing. — All  disputes  to  be 
referred  to  Governor  of  Sierra  Leone. — Non-intermeddling  in  wars 
with  others. — Paths  to  be  kept  open  through  the  Fouricaria  country. 
— Appointment  of  agents  to  reside  in  Fouricaria  country. — Eecovery 
of  debts,  and  non-molestation  of  property. — Observation  of  clauses  in 
Treaty. — Payment  to  Chief  of  Fouricaria. — Proclamation  of  Treaty. 

Gaboon. 
10th  November,  1840.— Non-molestation  of  English  traders,  etc. — 


512  APPENDIX. — SECTION    VIII. 

Eeference  of  disputes  to  captain  of  vessels,  and  to  the  king. — Eespousi- 
bility  rests  on  the  king  for  trust  given  without  hia  sanction. — English 
factories  to  receive  king's  protection,  and  property  deposited,  and 
natives  employed  therein,  to  have  like  privilege. — On  absence  and 
decease  of  English  traders,  trust  given  out  by  him  to  be  paid  to 
successor.—  On  decease  of  trader,  debts  shall  be  paid  out  of  his  property. 
— Dash  to  be  paid  to  king  for  permission  of  trade. — Ratification  of 
Treaty. 

Oallinait. 
21st  November,  1840. — Punishment  for  violation   and   abolition   of 
slave  trade. 

Gallinas. 
2nd  February,  1850. — Similar  to  Batanga  Benito. 

Gallinas. 
2nd  February,  1850. — Alliance,  abolition  of  slave  trade. 

Garraway  River. 
30th  March,  1847. — Similar  to  Batanga  Benito. 

Grand  Berehy. 
25th  February,  1848.— Ditto. 

Grand  Lahou. 
28th  February,  1848.— Ditto.      . 

Grand  Sesters. 
28th  March,  1847.— Ditto. 

Ivory  Bay. 
2nd  March,  1848.— Ditto. 

Jack  Jacques. 
29th  February,  1848.— Ditto. 

Kittam. 
3rd  December,  1847.— Ditto.  . 

Little  Booton. 
25th  March,  1847.— Ditto. 

Malaghea. 
23rd  May,  1845. — Same  as  Gaboon. 

Malimba. 
31st  March,  1848.— Similar  to  Batanga  Benito. 


APPENDIX. SECTION    VIII.  513 

Manna.  - 

1st  January,  1847.— Ditto.— 2nd  February,  1850. 

Neiv  Cestos. 
nth  January,  1841.— Abolition  of  slave  trade.— Settlement  for  the 
puriDoses   of  trade.— Differences  to  be  decided  by  arbitration.— Non- 
molestation  of  Englishmen. 

Nunez  Rio. 
21st  February,  1847. — Same  as  Batanga  Benito. 

Nyanihantang. 
31st  December,  1842. — Same  as  Cantalicuuda. 

Otondo. 
4th  April,  1848.— Same  as  Batanga  Benito. 

Papel. 
1st  April,  1842. — Non-molestation  of  British  ships  by  natives. — Ship- 
wrecked jiersons  to  be  humanely  treated,  provided  with  provisions, 
and  sent  home. — Assistance  to  be  given  for  assisting  at  shipwrecks, 
and  saving  cargo,  etc.,  and  part  saved  to  be  sent  to  nearest  British 
station. — No  ransom  for  persons  shipwrecked. — All  protection  to  be 
given  to  British  vessels,  and  no  duty  to  be  demanded. — Means  to  be 
used  to  induce  other  tribes  to  bring  all  persons  and  property  wrecked 
to  nearest  British  settlement,  and  to  claim  no  ransom,  etc.,  on  same. — 
Hostages  to  be  sent  for  fulfilment  of  Treaty. — Expenses  for  sending 
shipwrecked  people  home  and  salvage,  to  be  paid  by  British  Govern- 
ment.— Payment  for  salvage  to  other  tribes  to  be  one-fourth  of  goods 
saved. — Hostages  sent  to  be  educated  at  British  settlement. — Libera- 
tion of  prisoners. 

Samo. 
20th^May,  1845. — Same  as  Fouricaria. 

Sherhoro. 
12th  February,  1848. — Similar  to  Batanga  Benito.— 4th  July,  1849 
—7th  July,  1849.— Ditto. 

Solyman. 
28th  January,  1850. — Abolition  of  slave  trade. 

St.  Andreio. 
26th  February,  1848. — As  Batanga  Benito. 

Sugury. 

18th  February,  1848.— Ditto. 

3  u 


514  APPENDIX. — SECTION   A'lII. 

Timmanees, 
13th  February,  1841.-TPeace  and  Friendship. — Abolition  of  slave 
trade. — Non-intermeddling  to  excite  war. — Persons  not  to  be  taken  as 
slaves,  and  no  one  to  seize,  keep,  etc.,  slaves.— Seizure  and  destruction 
of  vessels,  buildings,  etc.,  used  for  slave  trade  :  may  be  sold  and  pro- 
ceeds divided. — Freedom  of  English  to  trade  and  pass  through  the 
country. — Not  to  be  forced  to  buy  or  sell  any  article. — May  buy  or  sell 
or  hire  houses  and  land. — Punishment  of  people  ill-using  or  wronging 
English. — English  must  not  break  laws  of  the  country.^ — Property 
taken  away  and  recovery  of  debts. — Queen  of  England  may  appoint  an 
agent  for  protection  of  English  in  the  country.— All  disputes  for  debts, 
etc.,  between  English,  to  be  referred  to  agent. — Proclamation  of  Treaty. 
— PajTiient  to  chiefs  entering  into  Treat}'. — Duties.— Wars  not  to  be 
entered  into  without  notice  to  Bi'itish  authorities. — Human  sacrifices 
to  be  abolished. 

Woolli. 
13th  Januaiy,  1843.— Same  as  Cantalicundn. 


Algiers. 

10th  April,  1682.— Peace  and  Friendship.— British  vessels  may  safely 
trade  with  ports  of  Algiers,  on  payment  of  10  per  cent,  duty  on  goods 
sold  ;  and  those  goods  unsold,  which  may  be  taken  away,  shall  pay 
no  duty. — Contraband  merchandise,  41.— All  British  ships  may  pass 
freely  without  search,  28.— Persons  and  passengers  to  travel  freely— 
Shipwi-eck,  30.— No  ship  of  Algiers  to  go  to  any  port  at  enmity  with 
Great  Britain.- Cruising,  36*.— Sale  of  British  vessels  not  to  be  al- 
lowed, 61.— Sale  of  prizes  by  British,  52.— Slaves  escaping,  39.— After 
ratification  of  treaty,  no  subjects  of  Great  Britain  to  be  made  slaves. 
— Eedemption  of  British  subjects  in  slavery  before  ratification  of 
treaty.— Estate  of  deceased  British  subjects,  13.— British  subjects  not 
to  be  obliged  to  buy  or  sell  against  their  will.— Non-payment  of 
debts,  34.— Disputes,  53.— Punishment  of  British  subjects  for  assault 
shall  be  same  as  for  Turk,  436.— In  case  of  escape  of  prisoners,  British 
Consul  not  to  be  responsible.— Privileges  of  British  Consul  (vide  under 
this  head). — Passengers  on  board  hostile  ships  not  to  be  molested.— 
Salutes,  40.t— Fulfilment  of  Treaty. — Additional  articles.— Passes,  etc. 

Eenewed  by  Treaty,  5th  April,  1686,  and  by  that  of  17th  August, 
1700,  with  additional  articles.— Punishment  of  Algerian  commanders 

*  Tangiers,  and  not  Gibraltar  and  Minorca.  f  Twenty-one  guns. 


APPENDIX. — SECTION    VIII.  515 

for  cruising  within  British  ports. —  No  Passes  i-equireel  for  Britisli 
ships — Indemnification  of  British  subjects  for  insult. 

Renewed  by  Treaty,  28th  October,  1703.— Duty  on  goods  sold  by 
British  subjects  to  be  5  per  cent. — Non-molestation  of  prizes  taken  by 
British  ships  of  war  having  no  passes. 

Renewed  by  Treaty,  29th  October,  1716. — Annexation  of  Minorca 
and  Gibraltar  to  Great  Britain,  35  and  36. — Defence  of  Algerian 
subjects  received  on  board  British  ships,  29. — Non-detention  of  British 
shii3s  with  Scollop  passes. 

Renewed  by  Treaty,  18th  of  March,  1729. — Additional  articles, 
3rd  June,  1751. — Packet  boats,  49. 

Renewed  by  Treaty,  14th  May,  1762. — Seizui-e  of  vessels  at  enmity 
with  Great  Britain  found  within  gunshot  of  Algerian  shore  ;  but  not 
if  belonging  to  a  Mahommedan  Prince. 

Renewed  by  Treaty,  3rd  August,  1765. — No.  Englishmen  to  be  seized 
or  made  slaves. — British  subjects  embracing  Ismailism  to  be  released. 

Renewed  by  Treaty,  3rd  September,  1800  ;  by  19th  March,  1801, 
extended  to  Malta ;  and  by  3rd  April,  1816,  to  Ionian  islands,  24. — 
Punishment  of  men  entering  on  board  British  ships  in  greater  number 
than  allowed  by  Treaty. — Additional  Articles,  20th  May,  1816,  exten- 
sion to  Hanoverian  subjects. 

Renewed  by  Treaty,  28th  August,  1816. — Declaration,  28th  August, 
1816,  non-consignment  of  Britisli  prisoners  to  slavery. 

Austria. 
3rd  October,  1813. — Peace  and  Friendship. — 9th  June,  1815,  naviga- 
tion of  river  Po  and  other  rivers.-^Nomination  of  Commissioners  six 
months  after  termination  of  Congress. — Navigation  of  the  rivers  to  be 
free. — Regulations  of  the  police  to  be  respected. — System  of  police 
and  duties  to  be  the  same  along  the  whole  course  of  the  rivers.- - 
Duties  on  navigation  to  be  uniform  and  settled. — Amount  of  duties 
not  to  exceed  those  now  paid,  and  to  be  determined  by  local  circum- 
stances.— Tariff  to  be  regulated  so  as  to  encourage  commerce. — Duties 
now  established  on  the  Rhine,  to  be  taken  as  an  example. — Tariff  once 
settled,  no  increase  to  be  made  thereon,  unless  by  common  consent.. — 
Officers  for  collection  of  duties  to  be  as  few  as  possible. —  Respective 
states  bordering  on  the  rivers,  to  be  at  the  expense  of  repairing  towing 
paths  and  necessary  works. — No  storehouse,  port,  or  forced  harbour 
duties. — Those  in  existence  only  to  be  employed  so  long  as  necessary 
for  advantage  of  commerce. — Custom  Houses  and  officers  bordering 
on  rivers,  not  to  interfere  with  navigation. — Smuggling  to  be  prevented. 
— Everything  to  be  settled  by  general  agreement,  and  not  to  be  changed 
without  mutual  consent. — Particular  regulations  now  in  foi'ce  relative 


516  APPENDIX, — SECTION   VIII. 

to  the  navigation  of  the  Ehine,  Neckar,  Maine,  Moselle,  Meuse,  and 
Scheldt,  to  be  valid,  and  to  be  in  force. — Abolition  of  slave  tratle. — 
Regulations  of  free  navigation  of  rivers. 

3rd  July,  1838. — Peace  and  Friendship. — Reciprocity  of  trade  and 
navigation,  2  and  3. — Extension  to  Austria  of  Act  of  28th  August, 
1833. — Austrian  vessels  from  the  Danube  as  far  as  Galatz,  to  enjoy 
same  privileges. — No  preference  in  purchase  of  articles,  4. — Trade  to 
British  possessions  to  enjoy  privileges  of  Treaty. — Coasting  trade,  23. 
Subjects  of  each  state  to  enjoy  every  reciprocal  advantage  within  the 
ports  of  the  other. — Duration  of  Treaty  (25),  till  3rd  December,  1848. 

Baden  and  Bavaria, 

2nd  March,  1841. — Same  as  with  Prussia. 

Belgium. 

27th  October,  1757.— Reciprocity,  2  and  3. — Exception  to  same. — 
Ti-ausatlantic  goods  shall  pay  same  duties,  whether  laden  in  a  Ti*ans- 
atlantic  warehousing  port  or  in  the  Transatlantic  country  of  pro- 
duction.— Re-payment  of  Scheldt  dues  guaranteed  to  Bi-itish  Govern- 
ment.— Reciprocity,  2  and  3,  finished. — Articles  from  Great  Britain 
crossing  through  Belgium,  per  rail,  shall  be  exempt  from  all  duty. — 
Coasting  trade,  23. — Recognition  of  ships  (same  as  Sardinia). — Privi- 
leges, 8. — Discharging  (same  as  Sardinia). — Shipwrecks,  18. — Consuls 
{vide  same). — Privileges,  5. — Duration,  25  (seven  years). — Ratifications, 
26  (before  1st  Januaiy,  1852). — Ionian  Islands,  24. 

Bolivia. 

29th  September,  1840. — Amity  and  Commerce. — Privileges,  19  ;  and 
reciprocity,  2. — Liberty  of  ships  of  war  and  packet-ships  to  refit,  12. 
— Reciprocity  of  trade,  3. — Recognition  of  vessels,  11. — Subjects,  privi- 
leges on  their  own  affairs,  etc.,  5,  6,  and  7. — Estate  of  deceased  subjects, 
13. — Exemptions,  8a. — Appointment  of  Consuls  {vide  same). — Rupture, 
10. — Religious  toleration,  14. — Abolition  and  suppression  of  slave  trade. 
— Alteration  of  articles,  21. — Ratification  (twenty  months). 

Additional  articles. — Ships,  hond  fide  property  of  Bolivian  subjects, 
until  the  space  of  fifteen  years,  to  be  considered  same  as  those  built  in 
Bolivia,  and  enjoy  all  privileges  o£  this  Treaty. 

Borneo. 
27th  May,  1847. — Peace  and  Friendship. — Mutual  privileges,  19. — 
Duty  to  be  levied  on  British  vessels,  to  be  1  dollar  per  registered 
ton,  but  shall  be  exempt  from  internal  duties. — No  duty  to  be  levied 
on  British  produce  or  manufacture. — Vessels  of  war  allowed  to  enter 
Borneo,    etc.,    12. — "Wrecks,  18. — Suppression  of  piracy,  55. — Cession 


APPENDIX. — SECTION   VIIL  517 

of  Labuan,  Kuraman,  Little  Rusakan,  Great  Eusakan,  Da-at  and 
Malaukasan,  aud  all  islets,  etc.,  situated  lialf-way  between  the  fore- 
mentioned  islets  and  main-land  of  Borneo. — Non-cession  of  land  to 
any  other  country  to  be  made. — Abolition  of  slave  trade. — Persons 
engaged  therein  to  be  delivered  to  British  authorities  for  punish- 
ment. 

Additional  a?-<icfes.— Disputes,  53.* 

Brazil. 
17th  August,  1827. — Appointment  .of  consuls,  etc.,  {vide  same).— 
Religious  toleration,  14. —  Privileges,  7  and  8. — Arbitrary  visits,  54. 
—  Abolishment  of  office  of  judge  conservator,  and  British  subjects  to 
be  placed  on  same  footing  as  Brazilian  subjects,  both  in  civil  aud 
criminal  causes. — They  shall  not  be  liable  to  imprisonment  without 
formal  commitment,  and  their  persons  shall  be  free  from  restraint 
where  case  admits  of  bail. — Rupture  between  countries  not  to  take 
place  until  departure  of  diplomatic  agents,  9  and  10. 

Deserters  15  and  16, — Salutes,  40. — Reciprocity  of  commerce  and 
navigation,  2  and  3. — Privileges,  19  and  5. — Coasting  trade,  23. — 
Reciprocity,  2. — Recog-nition  of  ships,  11. — Liberty  of  trade  in  each 
others  territories,  with  exception  of  Brazilian  monopolies. — Contra- 
band of  war,  17. — Packets  shall  be  employed  to  facilitate  the  public 
service,  and  they  shall  be  considered  as  vessels  of  war ;  this  to  remain  in 
force  until  a  special  portal  convention  is  concluded. — Pirates,  55.-^Ship- 
■wrecks,  18. — British  goods  shallbe  admitted  to  home  consumption  on  pay- 
ment of  15  per  cent,  ad  valorem  duty. — Valuation,  22. — No  other  goods 
of  any  nation,  except  those  of  Portugal,  to  be  admitted  at  ad  valorem 
duty. —  Reciprocity,  3. — Goods  imported  into  Brazil  to  be  accompanied  by 
original  cockets  and  proof  of  origin  of  goods,  which  shall,  where  there  is 
no  Custom  House,  be  authenticated  by  formalities  observed  when  im- 
ported from  such  possessions  into  GreatBritain. — Permission  to  Brazilian 
subjects  to  trade  with  British  Asiatic  ports. — Reciprocity,  3. — Non-ob- 
struction of  British  trade  by  any  monopoly,  except  those  now  subsisting 
of  Brazilian  Government.— Concession  to  British  subjects  to  become 
Assignates  of  the  Custom  House  on  same  privileges  as  Brazilian  sub- 
jects.— Duration  of  Treaty,  25  (fifteen  years). — Ratification,  26  (four 
months). 

Bremen. 

29th  September,    1855. — Recijirocity,  2   and  3. — No  preference  in 

trade,  4. — Recognition  of  vessels,  11. — Vessels  coming  from  either  Han- 

seatic  port,  to  be  deemed  coming  from  the  port  to  which  they  belong. — 

No  higher  than  national  duties  to  be  levied  on  personal  property  of 

*  Wholly  under  j  urisdictiou  of  British  Consul. 


518  APPENDIX.— SECTION    VIII. 

subjects  of  either  state  in  territories  of  the  other. — On  removal  of  same, 
20. — Additional  stipulations,  21. — Duration  of  Treaty,  25. — Eatitica- 
tion,  26. 

3rd  August,  1841.- — Eeciprocity,  2. — Eecognitiou  of  ships,  11. — 
Eeciprocity,  3. — Present  Convention  supplementary  to  that  of  29th 
September,  1825. 

Buenos  Ai/res. 

2nd  February,  1825. — Peace  and  Friendship.— Eeciprocity,  2  and  3. — 
Eecognition  of  ships,  11. — Privileges,  5  and  8a. — Appointment  of  Consuls 
{vide  same). — Eupture,  D.^Eeligious  toleration,  14. — Property,  7.* — 
Estate  of  deceased  subjects,  13. — Abolition  of  slave  trade. — Eatilicatiou 
of  Treaty,  26  (four  months.). 

24th  November,  1849. — Eestoration  of  peace. — Renewal  of  above 
Treaty. —  Evacuation  of  Island  of  Martin  Garcia. —  Eeturn  of  Ar- 
gentine ships  of  war. —  Salute  of  Ai-gentine  flag,  21  guns,  40. — 
Merchant  vessels  taken,  to  be  restored  to  respective  owners. — Eeturn 
of  auxiliaiy  division. — Acknowledgraent  of  inland  navigation  of  river 
Parana. — Agreement  of  President  of  Eepublic  of  Uruguay  to  present 
Treaty. — Eestoration  of  friendship. — Eatification  of  Treaty,  26. 

Chili. 
10th  November,  1852. — Eeciprocity,  2  and  3. — Duration,  25. — No 
specified  time,  twelve  months  notice  to  be  given  by  party  who  wishes 
it  to  cease. — Eatification,  26  (six  months). 

Costa  Rica. 
27th  November,  1849. — Amity,  Peace,  and  Friendship. — Privileges 
19. — Ships  of  war,  12.t — Coasting  trade,  23. — Eeciprocity,  2  and  3. — 
Extended  to  pilot  dues. — Exemptions  and  privileges,  5,  6,  7,  and  8. — 
Estate^ of  deceased  subjects,  13. — Exemptions,  8a. — Consuls  (virfe  same). 
— Eupture,  10  and  9. — Eeligious  toleration,  14. — Abolition  of  slave 
trade. — After  seven  years  either  Power  may  alter  Articles. 

Denmark. 
13th  February,  1661. — Peace  and  Friendship. — Either  state,  knowing 
anything  to  the  prejudice  of  the  other,  bound  to  reveal  it. — No  warlike 
stores  to  be  supplied  to  enemies  of  either  state,  and  shall  not  harbour 
enemies  of  one  another. — Vessels,  unless  in  great  danger,  not  to  come 
into  forbidden  ports  of  Denmark. — Shipwrecks,  18. — Injury,  46. — 
Former  Treaties  not  to  be  annulled  by  this. — Eeciprocity,  2  and  3.J- — 
Privileges,  12. — Administration  of  law,  6a.—  Ships  sailing  by  Gluckstadt 
to  be  free  from  toll. — Timber  on  board  British  ships  not  to  be  visited. — 

*  Down  to  the  word  "whatsoever."     f  Down  to  the  word  "respectively." 
X  Instead  of  same  as  "national,"  read  same  as  " Netlierland." 


APPENDIX. — SECTION    VIII.  519 

Pirates,  55. — Privileges,  19. — No  ship  to  be  adjudged  prize  unless  by- 
judicial  procedure. — British  vessels  passing  through  the  Sound  shall 
enjoy  privileges  of  paying  duties  on  return. — British  ships  shall 
receive  their  disiiatch  without  delay. — Privileges,  57. — Faithful  ob- 
servance of  Treaty. 

11th  July,  1670. — Renewal  of  Peace  and  Friendship. —  Non-supply  to 
•enemies  of  either  nation. —  Reciprocity,  2  and  3.* — Timber  once  put  on 
board,  not  to  be  detained. — Danish  subjects  shipping  oaken  timber  to 
be  responsible. — British  to  enjoy  same  privileges  regarding  Sound 
dues  as  they  did  in  former  Treaties. — British  subjects  may  land  goods 
at  Elsinore  for  re-exportation,  on  footing  of  most  favoured  nation. — 
British  ships  shall  receive  their  dispatch  at  Elsinore  immediately,  and 
no  ships  of  whatever  nation  shall  have  preference  over  them  in  this 
respect. — Estate  of  deceased  subjects,  13. — Shall  be  lawful  for  subjects  of 
each  nation  to  trade  with  enemies  of  the  other,  except  in  contraband  of 
war.- — Privileges,  19. — Duties  shall  be  paid  according  to  tariif. — Power 
to  overseers  to  remeasure  ships. —  Passports,  etc.  to  be  given  to  Bi-itish 
ships  to  prevent  fraud. — No  molestation  shall  be  given  to  British  ships 
having  such  passport. — -British  ships  passing  with  merchandise  by 
Gluckstadt  or  other  places  *in  Denmark,  not  to  be  subject  to  search, 
customs,  etc.,  except  in  time  of  war  with  any  other  state. — Injury,  46. — 
No  ship  of  either  nation  to  be  adjudged  prize,  unless  by  loyal  decision 
in  Admiralty  Court. — Administration  of  justice,  6. — Shipwrecks,  18. — 
No  officers  of  any  ship  to  be  detained  unless  by  special  warrant  gi-anted 
for  preservation  of  kingdom. — Subjects  of  either  nation  may  carry 
arms  without  molestation. — Convoys  of  each  nation  bound  to  defend 
each  others  vessels,  if  proceeding  on  same  tract. — ^  Pirates,  55. — 
Ships  in  distress  allowed  to  refit,  12.- — Vessels  of  war  not  to  enter 
ports  without  timely  notice  shall  be  given. —  Shall  not  be  lawful 
to  obtain  letters  of  reprisals  from  each  others  enemies,  and  both 
nations  shall  prohibit  their  subjects  from  doing  so. — Ships  taken  by  a 
third  party  in  ports  of  either  state,  means  that  be  taken  to  obtain 
release  and  restoration  thereof. — Seamen  of  either  nation  taken  on 
board  any  ship,  shall  be  immediately  released. — Ships  taken  with 
prohibited  goods,  or  contraband,  shall  not  be  broken  up  until  inventory 
thereof  shall  be  taken  by  Admiralty  Judge. —  Ships  of  war  shall  not 
molest  subjects  of  either  nation,  and  officers  of  either  nation,  who  do 
so  offend,  shall  be  responsible  for  all  damages.^Judgment  on  things 
taken  at  sea  to  be  given  according  to  rules  of  justice  and  equity,  and 
minister  of  either  state  making  complaint  of  any  such  sentence,  the 
same  shall  be  reheard  and  examined  by  His  Majesty's  Council ;  and  it 
shall  not  be  lawful  to  sell  such  goods,  vmtil  the  final  sentence  of  tlie 
appeal,  unless  by  mutual  consent. — Consuls  {vide  same). — Injury,  46. — 
*  Aa  iu  Treaty,  February,  1661. 


520  APPENDIX. SECTION    VIII. 

Privileges,  57. — Former  Treaties  not  to  be  annulled. — Nou-transgi-ession 
of  articles  of  this  Treaty. 

4tli  July,  1780. — Non-furnishing  of  contraband  of  war  or  supplies 
to  enemy. 

14tli  January,  1814. — Eestoration  of  peace. —  Re-establishment  of 
Treaties. — Cession  of  Heligoland. — Abolition  of  slave  trade. —  Restora- 
tion of  confiscated  property. — Privileges  of  dep6t  of  Heligoland. 

16th  June,  1824. — Extension  of  former  Treaties.— Full  reciprocity, 
2  and  3. 

Dominica. 
6th  March,  1850. — Peace  and  Friendship. — Privileges,  19. —  Reci- 
procity, 2. — Protection  of  traders. — Coasting  trade,  23. — Completion  of 
reciprocity,  2  and  3. — Shipwreck,  18. — Privileges,  57. — Consuls  {vide 
same). — Religious  toleration,  14. — Abolishment  of  slavery. — Duration 
of  Treaty,  25. — Ratification,  26  (eight  months). 

Equator. 

18th  April,  1825. — Peace  and  Friendship,  1. — Reciprocity,  2  and  3. — 
Privileges,  19. — Completion  of  reciprocity,  3. — Recognition  of  ships,  11. 
— Privileges,  5,  7,  and  8. — Consuls  {vide  same). — Ruptm-e,  9. — Religious 
toleration,  14. — Abolishment  of  slave  trade. — Addition  of  articles,  21. 
Ratification  of  Treaty  26  (six  months). 

May  3rd,  1851.— Similar  Treaty. 

France. 
26th  January,  1826. — Reciprocity,  2  and  3. — Fishing  boats  of  either 
nation  driven  into  each  others  ports  by  stress  of  weather,  not  subject 
to  any  dues  whatsoever,  provided  they  do  not  discharge,  etc. — Privileges 
of  Treaty  to  be  extended  to  each  others  possessions  (as  also  in  additional 
article).— Duration  of  Treaty,  25.—  Ratification,  26. 

Frankfort. 

1 3th  May,  1832. — Reciprocity,  2. — Privileges,  19. — Reciprocity,  3. — 
Recognition  of  ships,  11. — Removal  of  property,  20. — Additional 
articles,  21. — No  articles  of  Treaty  to  be  binding,  if  anything  therein 
inconsistent  with  obligations  of  the  city  of  Frankfort,  as  a  member 
of  the  German  Confederation. — Duration  of  Treaty,  25. — Ratifica- 
tion, 26  (two  months). 

29tli  December,  1835.^ — Articles  1,  2,  3,  4,  and  5  of  above  Ti-eaty  to 
be  null. 

2nd  March,  1841. — Same  as  Prussia. 

Greece. 
6th  July,  1827. — Establishment  of  commercial  relations. — Appoint- 
ment of  Consuls  {vide  same). 


APPENDIX. — SECTION   VIII.  521 

4tli  October,  1837. — Extension  and  regulations  of  commercial  inter- 
course.— Reciprocity,  2  and  3. — Recognition  of  ships,  11. — Shipwrecks, 
18. — Consuls  {vide  same). — Extension  of  reciprocity,  2  and  3,  to  British 
possessions. — Privileges,  5,  6,  and  8. — Religious  toleration,  14.— Estate 
of  deceased  subjects,  13. — Application  of  Treaty  to  Gibraltar  and  Malta, 
35. — Duration  of  Treaty,  25. — ^Ratifications  26  (three  months). 

Guatemala. 
20th  February,  1849. — Same  as  that  of  Costa  Rica  of  27th  November, 
1849. 

Hamburg. 
Same  as  Bremen. 

Hanover. 
22nd  July,  1844. — Reciprocity,  2  and  3. — Vessels  from  mouths  of  the 
Elbe,  Meuse,  Ems,  and  Weser,  shall  enjoy  same  privileges. — Regulation 
of  tariff  and  Elbe  dues.— Privileges,  57.- — Dui-ation  of  Treaty  till  1854, 
25. — Ratification,  26  (two  months). 

Hesse  Cassel.     Hesse  Darmstadt. 
Same  as  Prussia. — 2nd  March,  1841. 

Japan. 
Custom  House,  London,  6th  June,  1855. — A  Treaty  having  recently 
been  concluded  between  Her  Majesty  and  the  Emperor  of  Japan, 
whereby  the  latter  agrees  to  open  the  Japanese  ports  of  Nagasaki  and 
Hakodadi  to  Bi-itish  shipping  for  the  purposes  of  effecting  repairs  and 
obtaining  fresh  water,  provisions,  and  other  supplies  of  any  sort  that 
they  may  absolutely  require,  provided  that  they  are  furnished  with  a 
given  stamp  or  licence,  and  it  having  been  arranged  that  the  certificate 
of  registry  of  the  ship  bearing  the  Royal  Ai"ms  shall  bear  or  constitute 
such  stamp  or  licence,  Notice  is  hereby  given  to  ship  ownere,  that  all 
certificates  of  registry  issued  under  the  Merchant  Shipping  Act,  1854, 
will  bear  such  stamp  and  constitute  such  licence  ;  and  that,  for  the 
purpose  of  meeting  the  case  of  ships  registered  prior  to  the  operation 
of  that  Act,  a  renewed  certificate  of  registry  will,  on  application  to  any 
registrar  of  shipping,  be  given  in  exchange  for  the  existing  certificate 
of  registry,  and  will  bear  the  same  stamp  in  order  that  it  may  be 
recognised  by  the  Japanese  authorities.  By  Order  of  the  Commis-^ 
sioners,  W.  Maclean,  Secretary. 

Liberia. 
21st  November,  1848. — Peace  and  Friendship.— Privileges,  19.— Re- 
ciprocity, 2  and  3. — Privileges  of  trade,  except  in  Government  monopo- 

3  X 


522  '  APPENDIX. — SECTION    VIII. 

lies. — Shipwrecks,  18. — Privileges,  57. — Appointment  of  Consuls  {vide 
same). — Abolishment  of  slave  trade. — Ratification  (twelve  months). 

Lubcck, 
Same  as  Bremen. 

Mexico. 
Same  as  Bolivia,  29th  September,  1840. 

Morocco. 

23rd  January,  1721. — Reciprocity  and  privileges,  27,  28,  and  41.—- 
Prizes,  52. — English  vessels  coming  upon  the  coast  of  Morocco,  either 
by  stress  of  weather  or  flying  from  the  enemy,  shall  be  protected  and 
shall  be  under  protection  of  the  English  Consul. — English  subjects  shall 
be  well  treated,  and  allowed  to  bury  their  dead,  and  places  shall  be 
allowed  for  the  same.- — English  may  safely  travel  by  sea  or  land,  and 
those  desirous  of  returning  home  may  do  so  with  their  families. — Estate 
of  deceased  subjects,  13.  —Debts,  34. — Appointment  of  Consuls  {vide 
same). — Non-compulsion  of  English  traders  to  buy  or  sell ;  and  they 
shall  not  be  compelled  to  carry  goods  in  their  ships  for  any  one. — No 
sailor  shall  be  taken  away  from  British  ships. — Quarrels  and  disputes,  53. 
— Ruptui'e,  10. — Subjects  of  Morocco  shall  not  pay  higher  prices  for 
British  goods  than  native  sujbects. — No  Spaniards  sailing  under  British 
flag  shall  be  taken. — Privateers,  56. — Vessels  taken  within  six  months 
after  proclamation  of  peace  shall  be  restored. 

10th  July,  1729. — Moors  and  Jews,  subjects  of  Morocco,  shall  be 
allowed  to  trade  for  thirty  daj^s  in  Gibraltar  and  Minorca;  but  not  to 
reside  therein. — Disputes,  53. — British  and  Hanoverian  subjects  taken 
on  board  any  vessels,  to  be  immediately  released  and  sent  to  Gibraltar. 
— British  fleet  and  city  of  Gibraltar  may  victual  from  ports  in  Morocco 
at  market  prices,  and  without  payment  of  customs. — Continuation  of 
former  Treaties. 

15th  December,  1734. — English  within  six  months  from  conclusion  of 
Treaty  taken  on  board  all  foreign  vessels,  shall  be  set  at  liberty. — 
Subjects  of  each  Power  made  slaves  to  be  at  once  released. — All  con- 
tracts made  shall  be  in  writing. — Any  plea  of  non-ignorance  of  this 
Treaty  shall  be  void. 

15th  January,  1750. — Peace  and  Friendship. — Reciprocity,  27  and  28. 
— Disputes,  53.— Arbitrary  visits,  etc.,  54. — Morocco  subjects  hii-ing 
English  vessels,  and  same  being  obliged  by  stress  of  weather  to  put 
into  auy  port  of  Morocco,  same  shall  not  pay  any  dues. — English  shall  be 
exempt  from  poll-tax. — Confirmation  of  Treaty  of  15th  January,  1750. 

1st  February,  1751. — Renewal  of  former  Treaties. — Reciprocity,  27. — 
Extended    to   Hanover.— Disputes,   53. — Continuation   of   articles    of 


APPENDIX. — SECTION   VIII.  523 

Treaty,  15th  January,    1710,  28th   July,  1760.— Embodiment  of  all 
the  above  stipulations  in  one  Treaty,  with  very  slight  alterations. 

24th  May,  1783. — Establishment  of  peace,  etc.,  on  basis  of  former 
Treaties. — Grant  of  house  at  Tangiers  to  British  Consul. — Erection  of  a 
house  for  English  Agent. — English  may  load  provisions  for  one  year 
from  ports  of  Morocco  without  duty,  and  after  that  time  shall  pay  for 
every  ox  a  duty  of  4  cobbs ;  a  sheep  7  ounces  ;  one  dozen  fowls  6  ounces ; 
and  other  articles  according  to  former  duties. — Masters  of  vessels  com- 
ing from  Gibraltar,  shall  bring  a  passport  stating  tonnage  of  the  vessel. 

8th  April,  1791. — Consuls  {vide  same). — Privileges,  19. — Eeligious 
toleration,  14.— Privileges,  50  and  5.— Debts,  34.— Disputes,  53. — 
Punishment,  43.— Slaves,  39.— No  English  shall  be  allowed  to  turn 
Mussulman,  unless  he  appear  three  times  in  three  days  with  Consul 
before  the  Governor  and  declare  his  intention  of  doing  so.— Papers  of 
subjects  under  British  protection  who  may  turn  Moors  shall  be 
delivered  to  the  Consul.— Removal,  20. — Estate  of  deceased  subjects, 
13. — Ionian  subjects  shall  be  considered  as  English. — Privileges,  57. 
Reciprocity,  2.— Irregularities,  vessels  of  war  meeting  one  another, 
remedied. — Non-cruising,  36.— Subjects  taken  on  boai'd  vessels  to  be  set 
free.— Passengers  on  board  enemies'  ships  shall  pass  unmolested. — 
Vessels  of  either  Power,  having  engagement  with  an  enemy  within 
gun-shot  of  the  shore  of  the  other,  former  shall  be  protected ;  as  also 
vessels  under  protection  of  guns  of  either  nation. — Shall  not  be  lawful 
for  the  enemies  of  one  Power  to  come  into  ports  of  the  other,  nor  to 
refit,  sell  prizes,  or  purchase  stores  therein. — British  vessels  of  war 
may  provision  at  market  prices  in  ports  of  Morocco. — Packets,  49. — 
Reciprocity,  27. — No  duty  payable  by  British  ships  engaged  by  subjects 
of  Moi-occo,  obliged  to  put  into  ports  of  the  latter. — Cleansing,  etc.,  37. 
Shipwrecks,  18. — Religious  toleration,  14. — English  may  trade  in  provi- 
sions from  ports  of  Morocco. — Warlike  stores,  41 . — AH  Treaties  are  here- 
by confirmed.— Inj\iry,  46.— Rupture,  10. — Ignorance  of  this  Treaty 
shall  be  no  plea. 

14th  June,  1801. — Recapitulation  and  confirmation  (with  very  slight 
alterations)  of  former  Treaties. 

Muscat. 

31st    May,    1839.— Privileges,    19.— Arbitrary  visits,    54.— Consuls 

(vide  same). — Muscat    natives  in  service  of  English   to  enjoy   same 

protection  as  is  granted   to  English,  except   committing  any   crime 

against  their  countiy,  when  they  are  to  be  discharged  and  delivered 

up  for  punishment. — Disputes,  53.— Estate  of  deceased  subjects,  13. 

British  subjects  becoming  bankrupt,  Consul  shall  take  care  of  and  dis- 
tribute his  estate. — Debts,  58. — Duty  chargeable  on  British  goods  brought 


524  APPENDIX. SECTION    VIII, 

into  Muscat  by  British  ships  sold,  shall  not  exceed  5  per  cent.,  which 
shall  include  all  tonnage  dues,  etc. ;  no  duty  on  those  unsold  remaining 
on  board. — Refitting,  etc.,  37. — Reciprocity,  3. — No  monopoly  to  inter- 
fere with  British  trade,  except  Government  monopoly  in  coast  of  Africa. 
— In  case  of  dispute  as  to  value  of  the  goods  for  the  5  per  cent,  duty, 
Sultan  may  demand  one-twentieth  part  of  them  in  lieu  thereof. — Shall 
not  be  lawful  for  English  to  expose  their  goods  for  sale  until  three 
days  after  arrival,  unless  above  duty  is  paid. — If  either  country  shall 
be  at  war  with  another,  they  shall  be  at  liberty  to  pass  through  the 
states  of  the  other,  but  not  with  warlike  stores,  nor  through  any 
blockaded  port. — Privileges,  37.  —  Shipwrecks,  18. — Suppression  of 
slave  trade.  —  Nothing  herein  shall  rescind  privileges  enjoyed  by 
subjects  of  Muscat  in  respect  to  commerce  and  navigation  within 
the  East  India  Company's  territories. — Ratification  of  Treaty,  26 
(fifteen  months). — Declaration. 

Xetherlands. 

17th  March,  1824. — Reciprocity  of  trade  with  each  other's  pos- 
sessions.— Cession  and  limitation  of  territories. 

27th  October,  1837. — Reciprocity,  2  and  3. — Recognition  of  vessels 
11. — Duty,  ad  valorem,  22. — Privileges,  59. — Shipwrecks,  18. — Dura- 
tion of  Treaty,  25. 

New  Grenada. 
18th  April,  1825.— Same  as  Equator,  18th  April,  1825. 

Oldenburg. 
4th  April,  1844. — Reciprocity,  2  and  3. — Same  valid  on  goods,  etc., 
from  ports  of  the  Elbe,  Ems,  Weser,  and  Meuse,  and  continue  so 
long  as  British  and  Oldenburg  ships  can  enjoy  like  privileges  to  those 
ports. — Duration  of  Treaty,  until  1st  January,  1848  ;  and  further  for 
six  years,  with  six  months'  notice,  and  twelve,  after  which  it  shall 
cease. — Ratification,  26  (two  months). 

Paraguay. 

4th  March,  1853. — Object,  1. — Reciprocity,  2  and  3.— Recognition  of 
vessels  (same  as  Sardinia). — Privileges,  5. — No  monopoly,  4.— Privi- 
leges, 8,  7. — Estate  of  deceased  subjects,  13. — Privileges,  8a. — Consuls 
{vide  same). — Rupture,  9  and  10. — Privileges,  6. — Religious  tolera- 
tion, 14. — Abolition  of  slave  trade. — Dm-ation,  25  (six  years). — Ratifi- 
cation, 26  (eight  months). 

Persia. 

2nd  Jxdy,  1763. — Grant  of  ground  for  establishment  of  an  English 
factory. — No  customs  to  be  charged  on  goods  im23orted  or  exported 
by  the  English  to  or  from  Bushire.— May  send  their  goods  all  over 


APPENDIX. — SECTION   VIII.  525 

Persia  duty  free  ;  and  shall  pay  on  those  they  sell,  3  per  cent.  duty. — 
None  but  the  English  shall  import  any  woollen  goods. — Debts,  58. — 
English  may  buy  and  sell  to  whom  they  please. — No  Persian  shall 
buy  from  English  ship  clandestinely,  but  shall  obtain  the  consent  of 
English  resident. — Shipwrecks,  18. — Religious  toleration,  14. — Deser- 
tion, 16. — Servants,  etc.,  of  English  factory  exempt  from  all  taxes,  and 
under  control  of  the  same. — English  shall  have  a  spot  of  gTOund  to  bury 
their  dead  in,  and  a  spot  for  a  garden. — Restoration  of  house  belonging 
to  English  company  al  Skyrash. 

January,  1801. — Firman  of  the  king,  commanding  observance  of 
this  Treaty. — Privileges,  19. — English  may  settle  in  sea -ports  of 
Persia,  and  no  taxes  shall  be  levied  upon  them. — The  utmost  exer- 
tions shall  be  used  to  punish  delinquents,  who  may  injure  the  persons 
or  property  of  the  merchants. — Debts,  58. — Persons  dying  in  Persia 
indebted  to  the  British  Government,  such  demands  shall  be  satisfied 
prior  to  that  of  any  creditor. — Servants  of  the  English  Government 
may  hire  as  many  domestic  natives  as  they  please,  and  may  punish 
them  as  they  think  fit  ;  so  that  it  does  not  extend  to  life  or  limb. — 
Privileges,  19.— Refitting,  etc.,  37. — Shipwreck,  18. — Transport,  31  and 
20. — On  iron,  lead,  steel,  broad-cloth,  and  purpetts  belonging  to  the 
English  Government,  no  duty  shall  be  taken  from  the  sellers,  but 
1  per  cent,  from  the  purchasers. — Other  duties,  as  before  established, 
remain  in  force. 

28th  October,  1841. — Delay  in  completing  commercial  stipulations, 
mentioned  in  Treaties,  12th  March,  1809,  and  25th  November,  1841. — 
Reciprocity,  2  and  3. — Establishment  of  two  commercial  agents  {vide 
Consuls). — Ratification  of  Treaty. 

Peru. 

5th  June,  1837.— Same  as  that  of  Bolivia,  29th  September,  1840. 

10th  April,  1850.— Similar  to  ditto. 

Portugal. 
29th  January,  1642. — Reciprocity,  19,  and  enjoyment  of  same 
privileges  as  national  subjects. — Debts  due  from  Portugese  subjects 
seized  by  the  Inquisition  shall  be  paid  by  the  latter. — No  sailor  shall 
commence  any  action,  or  give  any  trouble  against  English  ships,  for  wages 
or  salaries,  on  pretence  of  their  being  Roman  Catholics,  or  having  put 
themselves  into  the  Portugese  service. — Consuls  (vide  same).— Estate 
of  deceased  subjects,  13. — King  of  Portugal  shall  not  withhold  any 
ship  or  sailor  of  England  for  any  service  ;  but  they  shall  freely  come 
and  go,  and  no  goods  or  merchandise  belonging  to  British  subjects 
shall  be  taken,  except  at  a  just  price,  to  be  paid  for  within  two  months 
■ — That  British  subjects  may  transport  anything  whatsoever,  even  arms. 


526  APPENDIX. — SECTION   VIII. 

etc.,  from  any  port  in  Portugal  to  ports  of  King  of  Castile,  without 
hindrance. — That  subjects  of  each  Power  shall  have  like  privileges,  if 
war  happens,  with  any  other  State. — Like  articles  may  be  imported 
into  Portugal,  and  sold  at  pleasure. — Convention  of  20th  January, 
1635,  N.  S.,  to  be  kept  up. — Commerce  may  be  carried  on  with  coast 
of  Africa,  St.  Thomas,  etc. — Appointment  of  commissioners  for  settle- 
ment of  claims  to  Hollanders. — Grant  of  21st  January,  1841,  to  be 
extended  to  English. — British  subjects  shall  enjoy  same  privileges  from 
arrest,  imprisonment,  etc.,  as  ai-e  granted  to  any  other  foreign  country 
in  league  with  Portugal. — Ambassadors  to  be  appointed  and  sent  to 
settle  freighting  of  British  merchant  ships  by  the  Portuguese. — Religious 
toleration,  14. — In  case  of  rupture,  a  monition  shall  be  given  to  subjects 
to  depart,  and  two  years  shall  be  allowed  them  to  transport  their  goods 
and  merchandise,  which  they  shall  do  without  any  impediment. — 
Injury,  46. — Observance  of  foregoing  stipulations  and  ratification  of 
Treaty,  25. 

10th  July,  1654. —  Like  articles. — Non-payment  of  any  other  dues  by 
British  ships  than  those  usually  paid  to  the  King  or  Chamber  at 
Lisbon. — No  tribute  to  be  paid  from  the  English. — Non-compulsion  to 
perform  any  duties,  etc. — Privileges,  19. — Goods  of  either  State  found 
on  board  enemies'  ships  shall  be  confiscated  ;  but  enemies'  goods  found 
onboard  the  ships  of  either  Power  shall  remain  untouched. — Eatification 
of  Treaty,  26  (six  months). — Secret  Articles. — Duties  that  are  to  be  paid 
shall  not  exceed  23  per  cent.,  and  goods  shall  be  favourably  valued. 
— Portuguese  shall  pay  duties  as  now  valued,  in  May,  1654. — Observance 
on  both  sides  of  the  customs  of  the  place. — Treaty  to  be  ratified  by 
letters  patent  of  both  parties  within  six  months. 

23rd  June,  1661. — Confirmation  of  all  former  Treaties. — Cession  of 
port  and  island  of  Bombian. — Subjects  of  Great  Britain  shall  enjoy 
same  privileges  of  trade  to  Goa,  Cochim,  and  Dio,  as  the  Portuguese, 
providing  that  there  be  not  more  than  four  British  families  in  each 
place. — Liberty  of  trade  to  Bahia,  etc. 

16th  May,  1703. — Confirmation  of  former  Treaties. — Eeciprocity  of 
privileges  to  subjects. — Transgressions  of  Treaty  about  Bombay. — 
Portuguese  ships  shall  not  pay  anything  for  casting  anchor  in  Port 
Malacca. — Pirates,  55. — In  time  of  joeace  six  British  ships  of  war  shall 
be  admitted  into  ports  of  Portugal. 

27th  December,  1703. — Admission  of  woollen  cloths  and  manufactures 
of  Great  Britain  on  former  footing,  provided  that  Portuguese  wine  is 
admitted  into  England  on  same  footing  as  French  wine. — Ratification, 
26  (two  months). 

19th  February,  1810. — Peace  and  friendship. — Reciprocity,  2  and  3. — 
Privileges,  19  and  57.— Table  of  duties  to  be  compiled. — Recognition  of 


APPENDIX. — SECTION   VIII.  527 

ships,  11. — No  regulations  to  be  made  prejudicial  to  British  trade  in 
Asia. — Privileges,  19,  6,  7,  8a,  and  54. — Treason,  contraband,  etc.,  to 
be  punished  bj  law  of  land. — Non-restriction  of  trade,  except  Govern- 
ment monopolies.— Establishment  of  Consuls  {vide  same). — Appoint- 
ment of  judge  conservators  for  trial  of  British  subjects. — Portuguese 
shall  enjoy  full  protection  of  laws  of  England. — Privileges  granted  to 
ambassadors  or  accredited  agents  in  the  one  state,  shall  be  enjoyed  by 
them  in  the  other. — Eeligious  toleration,  14. — Chapels  shall  be  built, 
but  must  resemble  houses,  and  be  without  bells. — Protestants  shall  not 
preach  against  Eomanism,  or  make  converts ;  and  doing  so  shall  be 
punished  according  to  the  civil  law,  by  confinement  in  their  dwelling- 
houses  or  being  sent  out  of  Portugal. — Burial  places  shall  be  assigned 
to  British  in  Portugal. — Establishment  of  packets. — Persons  guilty  of 
high  treason,  etc.,  shall  not  be  harboured  in  the  states  of  the  other. — 
Deserters,  15  and  16. — British  goods  shall  pay  15  per  cent,  duty,  and 
table  of  valuations  shall  be  compiled. — Fraudulent  prices  invoiced  for 
goods,  the  same  liable  to  be  taken  by  Portuguese  Government  at  that 
price. — Portuguese  Government  may  buy  at  price  fixed  by  proprietors 
all  importations  of  warlike  stores. — Privileges  to  British  subjects  to  be 
assignates  of  the  Custom  House. — Portuguese  goods  shall  be  admitted 
into  England  at  same  duties  as  those  of  the  most  favoured  nation. — 
On  any  reductions  taking  place,  like  reductions  shall  be  made  in 
Portuguese  tariff. — Brazilian  pi'oduce  allowed  to  be  warehoused  in 
Great  Britain  for  exportation.— East  Indian  goods  shall  be  admitted  to 
like  privileges  in  Portuguese  port  of  St.  Katherine. — Goa  to  be  a  free 
port. — Trade  to  Portuguese  possessions  in  Eastern  seas  extended  to 
English. — British  Government  waives  the  right  of  establishing  fac- 
tories in  Portuguese  possessions  ;  but  nevertheless  British  subjects 
shall  enjoy  same  privileges.— Stipulations  relating  to  woollen  cloth  and 
wines  to  remain  at  present  unaltered.—  Former  Treaties  confirmed,  with 
the  exception  of  allowance  to  carry  enemies'  property  in  each  other's 
ships. — Eeciprocity  of  commerce  to  be  extended  to  everything  except 
contraband  of  war,  17. — Shipwrecks,  18. — Pirates,  55. — Euptures,  9 
and  10. — Treaty  to  be  unlimited  in  duration,  but  to  be  revised  in 
fifteen  years  ;  a  few  amendments  may  be  made,  and  stipiilations  then 
objected  to  by  either  state  suspended. — Eatification,  26  (four  months). 

Declaration. — Eecognition  of  ships,  11. 

18th  December,  1812. — Agreement. — Certificates  of  registry  of  British 
ghijas  properly  signed  shall  be  deemed  sufficient  proof  of  British  ship. 

British  goods  for  importation  into  Portug-uese  dominions  shall  be 
accompanied  by  the  original  cockets,  signed  and  sealed  by  the  officers 
of  Customs,  and  legalised  by  the  Portuguese  Consul,  together  with  the 
manifest  in  like  order. — Portuguese  ships  shall  only  pay  same  dues  for 


528  APPENDIX. — SECTION    VIII. 

scavage,  etc.,  as  British  vessels ;  and  to  effect  this,  the  extra  amount 
paid  by  them  shall  be  returned  by  the  British  Government,  in  order 
that  the  charter  of  the  Trinity  House  may  not  be  infringed. — Ad 
valorem  duty,  22. 

22nd  July,  1835. — Above  Treaty  suspended. 

5th  August,  1835.— No  light  or  harbour  dues  shall  be  payable  on 
ships  driven  by  stress  of  weather  into  Portuguese  ports  in  ballast. 

3rd  July,  1842. — Extension  of  commercial  intercourse. — Privileges, 
19,  8,  54. — Assessment  of  amount  to  be  paid  by  British  subjects  in 
Portugal  for  decima  industricd,  shall  be  according  to  the  rate  given  by 
the  informadores. — In  case  of  objection  to  the  amount  of  assessment 
appeal  may  be  made  to  the  Treasury.— Eeligious  toleration,  14. — 
Estate  of  deceased  subjects,  13. — All  privileges  regarding  possessions, 
or  inheritance  of  funded  or  landed  property  wliich  may  be  granted  to 
any  other  Power,  may  be  extended  to  Contracting  States. — Privileges, 
5. — Subjects  shall  be  at  liberty  to  open  retail  shops  under  same  regula- 
tions as  native  subjects. — Reciprocity,  2  and  3. — Existing  tariff  shall  be 
taken  into  consideration  with  a  view  to  its  reduction. — Privileges  of 
trade  shall  be  extended  to  each  other's  possessions. — Coasting  trade,  23  ; 
but  vessels  shall  be  allowed  to  discharge  part  of  their  cargo  at  one 
port,  and  proceed  to  another  without  paying  higher  duties. — Freedom 
in  trade  shall  not  be  extended  to  contraband  of  war. — Power  granted 
by  former  Treaties  to  cany  enemies'  goods  hereby  rescinded.— ^lo? 
valorem  duties,  22. —  Warehousing,  59. — Goods  shipwrecked  shall  be 
admitted  to  home  consumption  on  payment  of  duty. — Shipwrecks,  18. — 
Duties  saved,  not  siibject  to  any  duty,  except  for  home  consumption. — 
Refitting,  37. — Trade  not  to  be  interfered  with  by  any  but  Governmental 
monopoly.— ^Deserters,  15  and  IG. — British  Consei-vatorial  Courts  shall 
be  abolished  as  long  as  British  subjects  in  Portugal  are  admitted  to 
the  securities  similar  or  equivalent  to  those  enjoyed  by  Portuguese 
subjects  in  Great  Britain,  as  trial  by  jury,  protection  from  aiTest  with- 
out warrant  from  a  magistrate,  and  examination  within  twenty-four 
hours  after  apprehension  in  flagrante  delicto,  and  admission  to  bail. — In 
other  respects  theyshall  be  under  the  same  law  as  Portuguese  subjects. — 
In  case  of  alteration  in  Portuguese  Government,  Great  Britain  reserves 
to  herself  the  right  of  claiming  restoration  of  Conservatorial  Courts. — 
Duration  of  Treaty,  25. — Ratification,  26  (two  months). 

3rd  July,  1842. — Explanatory  iW)^es.— Recognition  of  ships,  11. — 
Growiih,  produce,  and  manufacture,  shall  include  wines  and  brandies 
of  Portugal. — Jurisdiction  of  Cinque  Ports  not  to  interfere  with 
article  14. — Portugal  may  abolish  Conservatorial  Courts,  on  granting 
above  privileges. — Colonies  referred  to  in  Treaty. 

3rd  July,  1842. — Declaration. — Maximum  of  Industrial  tax  imposed 


APPEXDIX. SECTION    VIII.  529 

on  British  subjects,  shall  be  20  per  cent,  on  the  rent  of  their  warehouses, 
houses,  and  shops, 

Prussia. 

2nd  April,  1824.— Reciprocity,  2  and  3.— Privileges,  4.— Duration 
of  Treaty,  25.— Eatificatiou,  26. 

2nd  March,  1841.— Reciprocity,  2  and  3.— Extended  to  German 
Customs  Union. — Trade  in  rice  and  sugar  by  British,  to  be  on  footing 
of  most  favoured  nation. — Other  states  joining  in  Customs  Union  to 
be  admitted  to  privileges  of  this  Treaty. — Duration  of  Treaty  (till 
1st  January,  1842,)  25. — Ratifications,  26  (2  months). 

10th  May,  1847. — Declaration  of  cessation  of  Treaty  on  the  1st 
Jamiary,  1848,  which,  however,  shall  remain  provisionally  in  force. 

Reuss-Greitz,  Renss-Schleitz,  and  Reuss-Lobenstein  and  Ebersdorf. 
2nd  March,  1841. — Same  as  Treaty  this  date  with  Prussia. 

Rome. 

28th  February,  1833. — Notification. — English  vessels  freighted  with 
native  produce  shall  be  treated  as  Papal  vessels  in  Pontifical  states. 

26th  June,  1833. — Dues  which  have  been  paid  in  ignorance  of  the 
above  Treaty,  to  be  returned. 

Russia. 

11th  January,  1843.^Recipi"0city,  2  and  3  ;  also  extended  to  Russian 
ships  coming  from  the  Vistula  and  Niemen. — No  preference,  4. — Trade 
with  British  possessions  to  be  placed  on  footing  of  most  favoured 
nation. — Coasting  trade,  23. — Privileges,  57. — Convention  of  1 6th 
and  28th  February,  1825,  to  continue  in  force. — Vessels  in  distress,  37. 
Shipwrecks,  18. — Interposition  of  Consuls. — Deserters,  16. — Duration 
of  Treaty,  25.  —  Ratifications,  26  (1  month).  —  Commercial  inter- 
course subsisting  between  Russia  and  Sweden  not  to  apply  to  this 
Treaty,  as  also  the  following. — Exemption  from  navigation  dues  en- 
joyed by  Russian  ships  during  the  first  three  yeai-s.— Exemptions 
granted  in  Russian  ports  in  the  Black  Sea,  Sea  of  Azoff  and  Danube 
to  Turkish  ships. — Permission  granted  to  inhabitants  of  Archangel 
to  import  duty  free  fried  or  salted  fish. — Privileges  of  Russian 
American  Company. — Steam  Navigation  Companies  of  Lubeck,  Havre, 
and  English  yacht  clubs. — These  articles  shall  have  same  force  and 
v-alidity  as  if  inserted  in  Treaty. 

3    Y 


530  APPENDIX. — SECTION   A^III. 

Sandwich  Islands. 

31st  July,  1843,  and  12th  February,  1844,  both  annulled  by  follow- 
ing Treaty. 

26th  March,  1846. — Peace  and  amity,  1. — Privileges,  57. — British 
subjects  shall  be  tried  by  jury  of  native  and  foreign  residents  ;  pro- 
posed by  British  Consul,  and  accepted  by  Hawaiian  Government. — Pro- 
tection of  King  of  Sandwich  Islands  shall  be  extended  to  all  British 
ships,  their  officers  and  crew. — Shipwrecks,  1 8.— Deserters,  16. — 
Duties  on  British  goods,  with  the  exception  of  wines,  brandies,  and  other 
spirituous  liquors,  shall  be  5  per  cent. — These  shall  be  subject  to  any 
duty  short  of  prohibition  the  Hawaiian  Government  may  think  fit. — 
Privileges  as  to  tonnage  dues,  57. — Treatment  of  subjects  of  Sandwich 
Islands  in  Great  Britain,  57. 

Sardinia. 
8th  April,  1851. — Reciprocity,  2  and  3,  and  no  preference,  4. — Re- 
cognition of  vessels  shall  be  those  legally  so  in  respective  coiintries 
— Privileges,  8.— Vessels  of  each  nation  shall  be  at  liberty  to  dis- 
charge part  cargo  at  one  port,  and  part  at  another. — Coasting  trade, 
23. — Shipwrecks,  18. — Privileges,  57. — Extension  to  England  of  reduc- 
tion of  duties  granted  to  Belgium,  on  the  24th  January,  1851. — Consuls 
{vide  same). — Privileges,  7,  5. — Present  Treaty  substituted  for  those 
of  10th  September,  1841,  and  23rd  January,  1851. — Duration  of  Treaty 
twelve  years,  25. — Ratifications,  26  (one  month). 

Saxe-Weimar,  Eisenhach,  Saxe-Meiningen,  Saxe-Altenhurg,  Saxe-Cohurg 
Gotha,  Saxony,  SchwaHzburg  -  Rudolstadt,  Schwartzburg  -  Sonde rs- 
hausen. 

2nd  March,  1841. — Same  as  Treaty  this  date  with  Prussia. 

Senna. 
15th  January,  1821. — British  Resident  shall  have  a  guard  of  thirty 
men  to  support  his  respectability,  and  shall  be  exemi3t  from  all  com- 
pliances degrading  to  his  character. —  Shall  have  full  liberty  to  do  as  he 
pleases,  and  have  free  ingress  and  egress  at  all  the  gates  of  Mocha. — 
Shall  have  like  freedom  as  is  enjoyed  at  Bushiro,  Bussora,  Bagdad,  and 
Muscat. — A  piece  of  ground  shall  be  allotted  for  a  cemetery ;  and  no 
person  under  the  British  flag  or  Government  shall  be  insulted  on 
account  of  his  religion. — The  Resident  shall  have  full  power  to  proceed 
to  Senna,  and  commimicate  with  the  Imaun ;  the  Dola  on  such 
occasions  furnishing  a  guard  of  escort. — Merchant  vessels  shall  be 
placed  on  same  footing  as  vessels  of  war  as  regards  anchorage. — British 


APPENDIX, — SECTION   VIII.  531 

subjects  trading  to  Mocha  shall  do  so,  only  under  the  British  flag.  If 
they  should  be  of  the  Islam  faith  and  wish  to  settle  their  disputes 
according  to  the  Mahoniniedan  Sharah,  they  can  do  so  on  a  person 
from  the  Resident  attending. — Disputes,  53. — All  dependents  of  British 
Pactory  shall  be  wholly  under  control  of  Eesident. — Exjjort  duty  on 
British  trade  shall  be  2^  per  cent.,  and  import  duty  same  as  to  native 
subjects. 

Sicilies. 
26th  September,  1816.— Annulled  by  Treaty  of  29th  April,  1845, 
as  follows  :  Annulment  of  former  Treaties,  and  privileges  granted 
therein  not  to  be  extended  to  any  other  nation.- — Privileges,  19,  8a,  54, 
57,  and  5. — System  of  search  by  Custom  House  shall  be  same  as  to 
native  subjects. — Reciprocity,  2  and  3. — Shipwrecks,  18. — Great  Britain 
cedes  privilege  of  10  per  cent,  reduction  on  some  duties,  and  in  lieu 
thereof  receives  privileges  of  10  per  cent,  reduction  on  Customs  tariff. — 
Ionian  islands,  24. 

Spain. 
28th  November,  9th  December,  1713. — Confirmation  of  Treaty  of 
May,  1667.  —  Fulfilment  of  Treaty.— Duties  not  to  be  paid,  57. — 
Appointment  of  commission  to  compile  new  book  of  duties. — Non-aug- 
mentation of  duties  in  ports  of  St.  Mary's  and  Cadiz. — Tariff  not  to  be 
compiled  after  old  indexes.—  Goods  on  which  duties  have  been  paid  at 
Cadiz  or  St.  Mary's  shall  be  free  to  be  transported  to  be  sold  wholesale 
throughout  all  Spain,  on  production  of  certificate  of  duty  having  been 
paid. — Duties  called  Ilahilitatioiis  to  be  taken  off.— Nou-aiigmentation 
of  duties  at  Guipuscoa  and  Biscaya  ;  but  goods  imported  therein  in  going 
into  kingdoms  of  Castile  and  Arragon,  shall  j)ay  same  duties  on  en- 
trance as  were  paid  in  the  time  of  Charles  II. — British  subjects  in 
Biscaya  and  Guipuscoa  may  hire  houses  and  warehouses  with  same 
privileges  as  specified  in  Treaty  of  1667. — Payments  of  rights  called 
"  de  Alcavalos  and  Cientos^''  shall  be  paid  either  on  importation  of 
goods  or  on  sale. — Freedom  to  carry  goods  on  which  such  dues  shall 
have  been  paid  through  Spain,  on  production  of  certificate  of  payment 
from  Custom  House. — Ofiicer  obstructing  this,  liable  to  a  fine  of  2,000 
ducats. — Rupture,  10. — Indemnifications  of  losses  incurred  by  subjects 
at  beginning  of  the  late  war. — Duties  shall  not  be  levied  on  fish  and 
provisions  called  Millon  at  the  place  where  they  first  arrive,  but  at  the 
place  of  consumption. — Merchandise  not  enumei-ated  in  book  of  rates, 
to  be  charged  according  to  article  3  of  the  Treaty. — Ad  valorem  duty, 
22. — Goods  brought  from  the  coast  of  Africa  by  British  subjects  shall 
only  be  liable  to  pay  duty  once. — On  arrival  of  any  captain  at  Spanish 
ports,  they  shall  deliver  within  twenty-four  hours  to  the  Farmer  or 
Commissary  of  the  Customs  a  declaration  of  their  cargo,  and  another 


532  APPENDIX. SECTION    VIII. 

to  the  Judge  of  contraband  ;  and  the  hatches  shall  not  be  opened  unless 
in  presence  of  seai'chers  appointed  thereon. — All  goods,  immediately 
after  unladen,  shall  be  at  once  taken  to  the  Custom  House. — Not  lawful 
for  any  officer  of  Customs  or  Judge  of  contraband  to  open  any  package 
on  the  way  to  the  Custom  House,  and  packages  on  being  once  sealed 
with  their  official  seal,  shall  not  be  opened  again,  but  may  be  carried 
from  one  house  to  another  between  8  a.m.  and  5  p.m.,  on  notice  being 
given  to  Farmers  of  de  Alcavalos  and  Cientos;  and  in  case  the  goods  are 
so  removed  to  be  sold,  these  dues  must  be  paid. — Shall  be  lawful  to 
carry  wares  from  any  place  in  Spain  to  any  other  port  therein,  either 
by  sea  or  land,  on  above  conditions. — Duties  on  goods  brought  from 
the  Canary  Islands  shall  not  be  greater  than  those  in  the  reign  of 
Charles  II. — Debts  lawfully  due  by  subjects  shall  be  paid,  whether  they 
were  contracted  before  the  war  or  six  months  after  it  began. — British 
subjects  may  settle  themselves  in  the  town  of  St.  Ander  vmder  con- 
ditions of  9th  and  30th  articles  of  Treaty  of  1667. — If  judge  conser- 
vators are  allowed  to  any  nation  in  Spain,  same  shall  be  granted  to 
British  ;  but  until  then  orders  shall  be  given  to  all  magistrates,  etc. 
to  decide  every  case  concerning  British  subjects  without  delay, 
partiality,  or  favour ;  and  Spanish  Government  consents  that  appeals 
fi'om  their  decisions  may  lie  with  the  council  of  war  at  Madrid.— Any 
person  violating  this  Treaty  shall  be  responsible  ;  and  if  holding  a 
public  office,  shall  be  dismissed. — Subjects  of  Great  Britain  bringing 
wine,  brandy,  etc.,  from  one  port  in  Spain  to  another,  and  producing 
certificates  of  the  duties  having  been  paid,  shall  be  suffered  to  put 
the  said  goods  on  board  their  ships  at  Cadiz  or  remove  them  from  one 
ship  to  another,  with  the  consent  of  the  marine  inspectors. — Ratifica- 
tion, 26  (two  months). — Explanatory  notes  are  annulled  by  Treaty, 
October,  1750. 

5th  October,  1750. — British  subjects  shall  pay  same  dvities  on  mer- 
chandise in  Spanish  ports  as  in  time  of  Charles  II. — Permission  is 
liereby  given  to  British  subjects  to  take  and  gather  salt  on  the  Island 
of  Fortudos.^ — Duties,  57. — Shall  enjoy  privileges  of  Treaty  of  1667. — 
Spain  and  Great  Britain  will  do  their  best  to  take  off  all  innovations 
which  may  have  been  introduced  into  commerce. — Confirmation  of 
Treaty  of  Aix-la-Chapelle,  and  other  Treaties,  as  also  Treaty  of  Com- 
merce of  1713,  except  the  explanatory  articles.* 

Sweden. 
1 7th  July,  1656. — Contraband  of  war,  17. — Money  shall  not  be  sent 
to  the  enemy,  nor  assistance  given  them,  by  the  subjects  of  either  State. 
—Shall  be  lawful  to  trade  with  the  enemies  of  the  other  State,  and  to 

*  The  above  were  renewed  by  Article  II.,  of  the  Treaty  of  Versailles,  in  1783. 


APPENDIX. — SECTION    VIII.  533 

carry  them  any  goods  whatever,  except  contraband  ;  but  not  to 
besieged  ports. — Having  established  these  principles,  vessels  shall  be 
provided  with  a  proper  pass,  on  production  of  which  nothing  further 
shall  be  demanded. — Neither  of  the  Contracting  Parties  shall  allow  the 
ships,  goods,  etc.,  of  the  other,  which  may  have  been  taken  by  enemies 
at  sea,  to  be  brought  into  the  ports  of  the  other,  but  shall  forbid  the 
same ;  and  if  they  do  come,  they  shall  at  once  set  the  prisoners,  sub- 
jects of  the  other  State,  free,  and  shall  not  suffer  the  vessels,  etc.,  to  be 
sold,  but  shall  command  them  to  be  taken  away. — Men-of-war  of  either 
nation  may  enter  the  ports  of  the  other,  on  following  conditions  : 
Squadi'on  not  to  consist  of  more  than  fiA^e  ships,  without  giving  notice 
thereof ;  commander  of  squadron  shall,  without  delay,  deliver  his  letters 
of  safe  conduct  to  the  Governor  of  the  city  or  town,  or  acquaint  him 
with  the  reasons  of  his  coming,  and  how  long  he  intends  to  stay  ;  they 
shall  not  anchor  nearer  to  the  forts  than  is  convenient ;  sailors,  marines, 
&c.,  of  the  squadron  shall  not  go  on  shore  in  bodies  of  more  than  forty 
at  a  time  ;  shall  not  obstruct  ingress  or  egress  of  merchant  ships  fre- 
quenting the  harbour  ;  they  shall  live  peaceably  and  modestly,  and 
with  regard  to  the  reciprocal  friendship  between  the  two  countries. 
On  observance  of  above,  men-of-war  shall  be  at  liberty  to  come  into 
the  ports  of  the  other  Power,  or  remain  in  the  roadsteads  ;  but  if  in 
larger  force  than  five,  two  months'  notice  of  their  coming  shall  be 
given. — British  subjects  shall  enjoy  all  privileges  they  formerly  enjoyed 
in  several  branches  of  trade  in  Prussia  and  Poland,  and  if  they  desire 
others,  everything  shall  be  done  to  gratify  them.— If  Edicts  of  1650 
shall  be  burdensome  to  English  or  Scotch  residing  or  trading  in  Poland 
and  Prussia,  same  shall  be  invalid. — Special  license  may  be  given  to 
Sweden  to  trade  with  America. — Privilege  given  to  Swedish  subjects  to 
fish  in  seas  and  coasts  of  Great  Britain,  provided  the  ships  employed 
do  not  exceed  1,000,  and  they  shall,  while  so  doing,  not  be  injured  or 
molested,  nor  any  charges  demanded,  but  shall  be  treated  courteously, 
and  allowed  to  dry  their  nets  on  shore,  and  purchase  provisions  from 
the  inhabitants  at  a  low  price. 

3rd  March,  1813.- — Cession  of  Island  of  Guadaloupe  to  Sweden  for 
twenty  years. — Sweden  grants  to  England  the  right  of  entrepot  in  the 
ports  of  Gottenburg,  Carlsham,  and  Stralsund  for  all  commodities, 
laden  either  on  British  or  Swedish  ships  ;  duty  on  entrepot  shall  be  one 
per  cent.,  ad  valorem. — As  to  other  particulars  respecting  this  object, 
general  regulations  of  Sweden  shall  be  adopted. — Privileges,  57. 

16th  July,  1824. — Declaration,  reciprocity,  2. 

18th  March,  1826. — Reciprocity,  2  and  3. — Trade  to  British  jjosscs- 
sions  to  be  extended  to  Sweden  on  footing  of  most  favoured  nation. — 
Removal  of  property,  20. — Duration,  25. — Ratification,  26. 

26th  October,  1849. — Decree. — Reciprocity,  2  and  3. 


534  APPENDIX. — SECTION    VIII. 

2'exas. 
13th  November,  1840. — Reciprocity,  2  and  3. — Recognition  of  vessels, 
11. — Establishment  of  Consuls. — Deserters,  16. — Shipwreck,  18. — 
Religious  toleration,  14. — Exemptions,  8a. — Coiirts  of  Justice,  6a. — 
Rupture,  10. — Diiration,  25  (eight  yeai-s). — Ratification,  26  (nine 
months). 

Tripoli. 

18th  October,  1662. — Peace  and  friendship,  1.— Reciprocity,  27. — 
Exemptions,  51. — Estate  of  deceased  subjects,  13. — Transport,  31.— 
Judgment,  33. — Disputes,  53. — Debts,  34.— Punishment,  43. — Slaves, 
39.— Non-abuse,  32. — Consul's  privileges  {vide  same). — Prizes,  52. — 
Allowance  to  buy  pro^nsions  in  ports  of  Tripoli  at  market  prices. — 
Shipwrecks,  18. — Injury,  46. 

5th  March,  1676. — Similar  stipulations.— No  commander  to  take  any 
one  by  force  from  any  ship. — No  vessels  of  Tripoli  shall  be  made 
corsairs  or  sea  rovers. — Slaves,  39. — Punishment,  43. — Freedom,  50. — 
Rupture,  44. — Indemnification  for  former  injuries. — British  subjects 
shall  not  be  penuitted  to  tura  Turk  or  Moor  unless  he  voluntarily 
appear  with  Consul's  Dragoman  three  times  in  twenty-four  hours  and 
declare  his  intention  of  doing  so. — Salutes,  40. — After  signing  of  Treaty 
all  former  injui-ies  to  be  wiped  away. 

1st  May,  1677. — Renewal  of  former  Treaties. — British  subjects 
trading  with  Tripoli,  shall  pay  one  per  cent,  less  duty  on  their  goods 
than  any  other  foreign  nation. — Privileges,  Consular  {vide  same). 

11th  October,  1694. — Salute,  40  (twenty-seven  guns).— Privileges, 
Consular  {vide  same). — Customs  on  goods  brought  by  English  shijjping 
shall  be  three  per  cent. — Strangers  shall  be  allowed  to  put  themselves 
under  protection  of  English  Consul. 

19th  July,  1716. — Embodiment  of  above  articles  in  one  Treaty,  with 
exception  of  the  salutes  and  indemnifications  of  late  war. — Minorca 
and  Gibraltar,  45. — Cruising,  36. 

19th  September,  1751. — Similai-  Treaty,  with  additional  articles,  as 
follows:  Privileges,  57.— Warlike  stores,  41. — Mediterranean  passes,  48. 
— No  British  merchant,  under  any  pretence  whatever,  shall  be  detained 
more  than  eight  days  fi'om  proceeding  to  sea. — Should  garrisons  of 
Gibraltar  or  Port  Mahon  be  in  want  of  provisions,  they  can,  on  sending 
to  Tripoli,  be  supplied  at  market  prices. 

22nd  July,  1762.— Renewal  of  Treaty  of  1751. 

10th  May,  1812. — Renewal  of  former  Treaties  and  Peace. — Prizes,  57. 

29th  April,  1816.— Ionian  Islands,  24.— All  Ionian  subjects  shall  be 
at  once  released. — Punishment  of  Tripoli  cruisers  for  infringement  of 
Treaty. — Oath  of  master  and  two  of  the  crew  shall  be  sufficient 
evidence  that  the  vessel  is  Biitish. 


APPENDIX. — SECTION    VIII.  535 


Tunis. 


Sth  October,  1662. — Peace  and  friendsliip,  1. — Reciprocity,  27. — Non- 
seiziire,  28. — Protection,  29. — Shipwrecks,  30. — Transport,  31. — Non- 
abuse,  32. — Addresses  to  Dey,  33.^ — Debts,  34. — Refitting,  37. — Slaves, 
38. —  Tunis  ships  of  "war  fighting  under  her  own  colours  with  English 
ship,  not  wearing  English  colours,  and  surprising  the  latter,  same  shall 
be  lawful  prize. — Slaves  escaping,  39. 

30th  Augtist,  1716. — Similar  Treaty,  with  following  additions : 
Minorca  and  Gibraltar,  35. — Non-cruising,  36. — British  fleet,  which  may 
be  assembled  at  Gibraltar  or  Port  Mahon,  may  be  supplied  from  Tunis 
with  provisions  at  market  prices  — Salutes,  40. — Privileges,  Consular 
(wi'c/e  same). —  Duties  on  British  imports  3  per  cent.,  and  shall  always 
be  2  per  cent.,  less  than  the  French. — Warlike  stores,  41. 

19th  October,  1751. — Similar  Treaty,  with  following  additions :  Non- 
assistance  to  enemies,  42. —  Punishment,  43. — Rupture,  10. — Gibraltar 
and  Minorca,  45. — Subjects  taken  on  board  enemies'  ships,  if  provided 
with  proper  passports,  shall  be  at  once  released. — Injury,  46. — Respect, 
47. — Mediterranean  passes,  48. — Packets,  49. 

22nd  June,  1762. — Renewal  of  Treaty  of  1715. — Consular  Privileges 
{vide  same). — Ships  of  Christian  nation  at  war  with  England  on  the 
coast,  etc.  of  Tunis,  without  range  of  cannon  shot  of  the  shore,  may  be 
made  prize,  and  British  ships  shall  be  allowed  to  bring  and  dispose  of 
the  same  in  ports  of  Tunis. — This  shall  not  take  place  in  the  case  of 
vessels  of  a  Mahommedan  Prince. 

2ud  May,  1812. — Same  as  that  of  Tripoli  of  10th  May,  same  year. 

17th  April.  1816.—     do.  do.  do.  29th  April,       do. 

Tuscany. 

5th  April,  1847. — Reciprocity,  2  and  3. — Ionian  islands,  24. — Duration 
of  Treaty,  25  (till  1st  January,  1857). — Ratification,  26  (two  months). 
30th  December,  1854. — Convention,  throwing  open  coasting  trade. 

United  States. 

3rd  July,  1815. — Reciprocity,  2  and  3. — Admission  of  American 
vessels  to  trade  with  principal  settlements  in  British  dominions  in  the 
East  Indies,  but  in  time  of  war  shall  not  export  therefrom  without 
special  permission  any  military  or  naval  stores,  or  rice  ;  but  trade 
shall  only  be  conducted  direct  to  ports  of  the  United  States. — Coasting 
trade,  23. — Bat  may  proceed  in  East  Indies  with  original  cargoes,  or 
part  thereof  to  other  port  therein. — Consuls  {vide  same). — Duration  of 
Treaty,  25  (four  years). — Ratification,  26  (six  months). 

Act  of  the  Congress  of  the  United  States,  "  authorising  the  deposit 


536  APPENDIX. SECTION    VIII. 

of  the  papers  of  foreign  vessels  with  tlie  Consul  of  their  respective 
nations,"  March  Srd,  1817. — Be  it  enacted  by  the  Senate  aiid  House  of 
Representatives  of  the  United  States  of  America  in  Congress  assembled, 
that  the  register  or  other  documents  in  lieu  thereof,  together  with  the 
clearance,  and  other  papers  granted  by  the  officers  of  the  Customs 
to  any  foreign  ship  or  vessel  at  her  departure  from  the  port  or  place 
from  which  she  may  have  arrived,  shall,  previous  to  entry  in  any 
port  of  the  United  States,  be  produced  to  the  collector  with  whom 
such  entry  is  to  be  made  ;  and  it  shall  be  the  duty  of  the  master  or 
commander,  within  forty-eight  hours  after  such  entry,  to  deposit  the 
said  papers  with  the  Consul  or  Vice-Consul  of  the  nation  to  Avhich 
such  vessel  belongs,  and  to  deliver  to  the  collector  the  certificate  of 
such  Consul  or  Vice-Consul,  that  the  said  papers  have  been  so  deposited ; 
and  any  master  or  commander  as  aforesaid  who  shall  fail  to  comply 
with  this  regulation,  shall  upon  conviction  thereof,  in  any  Court  of 
competent  jurisdiction,  be  fined  in  a  sum  of  not  less  than  500  dollars, 
nor  exceeding  2,000  dollars.  Provided  that  this  Act  shall  not  extend  to 
the  vessels  of  foreign  nations  in  whose  ports  American  Consuls  are 
not  permitted  to  have  the  custody  and  possession  of  the  register  and 
other  papers  of  vessels  entering  the  ports  of  such  nation,  according  to 
the  provisions  of  the  2nd  section  of  the  Act  supplementary  to  the  Act 
"  concerning  Consuls  and  Vice-Consuls,  and  for  the  further  protection 
of  American  seamen,"  passed  the  28th  February,  1803. 

II.  And  be  it  further  enacted,  that  it  shall  not  be  lawful  for  any  foreign 
Consul  to  deliver  to  the  master  or  commander  of  any  foreign  vessel  the 
register  and  other  papers  deposited  with  him  pursuant  to  the  provi- 
sions of  this  Act,  until  such  master  or  commander  shall  produce  to  him  a 
clearance  in  due  form  from  the  collector  of  the  port  where  such  vessel 
has  been  entered,  and  any  Consul  offending  against  the  provisions  of 
this  Act,  shall,  upon  conviction  thereof  before  the  Supreme  Court  of 
the  United  States,  be  fined  at  the  discretion  of  the  Court,  in  a  sum  not 
less  than  than  500  dollars,  nor  exceeding  5,000  dollars. —  H.  Clay, 
Speaker  of  the  House  of  Representatives ;  John  Caillard,  President  of 
the  Senate  pro  tempore. — March  3rd,  1817.    Approved,  James  Madison. 

20th  October,  1818.— Fisheries,  etc. — Extension  of  above  Treaty  to 
ten  years,  25. 

6th  August,  1821.— Extension  of  above  Treaty  indefinitely,  25.— 
Ratification,  26  (nine  months). 

15th  October,  1849.— Notification. — Reciprocity,  2  and  3. 

Uruguay. 
26th  August,  1842. — Reciprocity,  2  and  3. — Recognition  of  ships,  11. 
—Privileges,    5  and  8.— Estate   of  deceased  subjects,   13. — Rupture,  9 


APPENDIX. SECTION    VIII.  537 

and  10.—  Consuls  {vide  same). — Duration  of  Treaty,    25. — Eatificatiou 
26  (eighteen  months). 

Venezuela. 

18th  April,  1824. — Reciprocity,  2  and  3. — Eecognition  of  ships,  11. — 
Privileges,  5  and  8. — Consuls  {vide  same). — Eupture,  9  and  10. — 
Religious  toleration,  14. — Abolishment  of  slave  trade. — Addition  of 
Articles,  21. — Ratification,  26  (six  months). 

29th  October,  1834. — Renewal  of  Treaty.— Annexation  of  Columbia. 

Wurtemhurg. 
2nd  March,  1841. — Same  as  that  of  Pi'ussia,  same  date. 


Appointment  and  Privileges  of  Consuls  under  Treaties  and 
Conventions. 

Bereira,  28th  May,  1845,  Article  xi. — Cantalicunda,   18th  African 

states 

January,  1843,  s.  x. — Cartabar,  23rd  April,  1841,  s.  x. —  (West). 
Corro,  9th  January,  1843,  s.  x. — Dabacoonda,  21st  January, 
1843,  s.  10. — Egarra,  6th  September,  1841,  s.  xii. — Fouricaria, 
28th  May,  1845,  s.  x.— Malaghea,  23rd  May,  1845,  s.  x.— 
Nyauibautang,  31st  December,  1842,  s.  x. — Timmanees,  13th 
February,  1841,  s.  x.,  as  follows  : — The  Queen  of  England  may 
appoint  an  Agent  to  visit  the  country  or  to  reside  there,  in  order 
to  watch  over  the  interests  of  the  English  people,  and  to  see 
that  this  agreement  is  fulfilled  ;  and  such  Agent  shall  always 
receive  honour  and  protection  in  the  country  ;  and  the  Chief 
shall  pay  attention  to  what  the  Agent  says  ;  and  the  person 
and  property  of  the  Agent  shall  be  sacred. 

Article  xvii.  with  Algiers  of  5th  April,  1686. — The  English  Algiers. 
Consul  is  allowed  to  live  in  Algiers  with  entire  freedom 
to  his  person  and  estate, — is  permitted  to  choose  his  own 
broker,  and  go  on  board  any  ship  in  the  roads  ;  to  have  the 
liberty  of  the  country,  and  allowed  a  place  to  pray  in  ;  and 
no  man  is  to  do  him  any  injury  by  word  or  deed  ;  and 
by  Article  xviii.  he  is  allowed  to  depart  with  all  his  eff'ects 
and  family,  both  in  time  of  peace  and  war,  without  any 
hindrance  whatsoever. 

Articles  i.,  ii.,  iii.,  iv.,  and  v.,  of  26th  July,  1824,  give  the  same 
power,  as  also  that  the  Consul  is  to  be  treated  with  all  respect 
3  z 


538 


APPENDIX. — SECTION   VIII. 


Belgium. 


Bolivia. 


Brazil. 


Buenos 
Ayres. 


and  civility  ;  that  his  house  and  person,  etc.,  shall  be  in- 
violable. He  shall  be  allowed  to  choose  his  own  servants, 
and  to  hoist  His  Majesty's  flag  at  the  top  of  his  house  and 
in  his  boat.  He  shall  not  pay  any  duty  on  furniture,  clothes, 
or  necessaries,  for  himself,  family,  or  servants  ;  shall  have 
full  liberty  to  go  and  return  when  he  pleases,  and  shall 
enjoy  all  privileges  granted  to  any  other  Consul. 

7th  April,  1852,  with  Belgium,  Article  xvii. — Same  as 
Bolivia. 

29th  September,  1840.— With  Bolivia,  Article  xi.— It 
shall  be  free  for  each  of  the  two  High  Contracting  Parties 
to  appoint  Consuls  for  the  protection  of  trade,  to  reside  in 
the  dominions  and  territories  of  the  other  party  ;  but  before 
any  Consul  shall  act  as  such,  he  shall,  in  the  usual  foi-m,  be 
approved  and  admitted  by  the  Government  to  which  he  is 
sent ;  and  either  of  the  Contracting  Parties  may  except 
from  the  residence  of  Consuls  such  particular  places  as 
either  of  them  may  judge  fit  to  be  so  excepted. — The 
Diplomatic  Agents  and  Consuls  of  the  High  Contracting 
Parties  shall  enjoy  in  the  territories  of  the  other  whatever 
privileges,  exceptions,  and  immunities,  are  or  may  be  granted 
to  the  Diplomatic  Agents  and  Consuls  of  the  most  favoured 
nations  in  their  respective  territories. 

17th  August,  1827,  Article  ii. — The  Conti-acting  Parties 
shall  have  power  to  appoint  Consular  officers  in  each  othei"'s 
dominions  for  the  protection  of  trade  ;  they  shall  not,  how- 
ever, enter  on  their  functions  without  being  dvdy  nominated 
and  acknowledged ;  they  shall  enjoy  the  privileges  which 
belong  to  their  office,  as  usually  recognized.  In  all  cases, 
civil  and  criminal,  they  shall  be  amenable  to  the  laws  of 
the  country  they  reside  in;  and  they  shall  enjoy  the  full 
protection  of  such  laws,  so  long  as  they  obey  them.  Article 
iii.- — They  shall  exercise  the  authority  of  arbitrators  in 
diifei'ences  between  the  subjects  of  their  respective  States 
without  the  interference  of  the  local  authorities,  unless 
where  the  public  tranquillity  requires  it,  or  unless  the  parties 
call  for  it,  by  bringing  their  actions  in  the  Courts  of  the 
country.  They  shall  enjoy  the  right  of  administering  the 
property  of  subjects  of  their  nation  dying  intestate,  for 
the  benefit  of  the  legitimate  heirs  to  such  property,  and  of 
the  creditors  of  the  estate,  so  far  as  the  laws  of  the  res- 
pective countries  will  admit. 

2ud  February,  1825,  with  Buenos   Ayres.  —  Article  x. — 


APPENDIX. — SECTION   VIIL  539 

Same  as  privileges  in  Treaty  with  Bolivia  as  far  as  "so 
excepted^ 

27th  Novembex',   1849,  with   Costa    Eica. —  Article   xi. —  CostaRica. 
Same  as  those  of  Bolivia. 

11th  July,  1670,  with  Denmark. — Ai-ticle  xxxviii.  stipu- Denmark, 
lates,  that  the  Kings  of  Great  Britain  shall  have  in  each 
others  Courts  their  Ministers,  and  in  certain  ports  their 
Consuls,  for  the  better  and  more  easy  communicating  and 
proposing  such  things  as  they  shall  think  advantageous  to  the 
public  interest  or  private  concerns  of  any  particular  person. 

6th  March,  1850,  with  Dominica. — Article  vii.  —  Each  Dominica. 
Contracting  Party  may  appoint  Consuls  for  the  protection 
of  trade,  to  reside  in  the  dominions  of  the  other ;  but  no 
Consul  shall  enter  upon  the  exercise  of  his  functions  until 
he  have  been  approved  and  admitted  in  the  usual  form  by 
the  Government  of  the  country  to  which  he  is  sent ;  and 
same  privileges  as  Bolivia. 

18th  April,  1825,   with    Ecuador, — Article  x. — Same   as  Ecuador. 
Buenos  Ayres  ;  and  3rd  May,  1851,  Article  x. 

20th  February,  1849,  with  Guatemala. — Article  x. — Same  Guatemala, 
as  Bolivia. 

4th  October,  1837,  with  Greece. — Article  viii.— Her  Bri- Greece, 
tannic  Majesty  and  His  Majesty  the  King  of  Greece  have 
agreed  that  each  of  the  High  Contracting  Parties  shall  have 
the  right  to  nominate  and  appoint  Consuls-General,  Consuls, 
and  Vice-Consuls,  in  aU  the  ports  of  the  dominions  of  the 
other  Contracting  Party,  wherein  such  Consular  officers 
are  or  may  be  necessary  for  the  advancement  of  commerce, 
and  for  the  protection  of  the  trade  of  the  subjects  of  either 
crown  ;  and  it  is  expressly  stipulated  that  such  Consuls,  of 
whatever  class,  shall,  in  the  country  in  which  they  are 
stationed,  be  placed  upon  the  footing  of  the  Consuls  of  the 
most  favoured  nat'  n. 

21st  November    1848,  with  Liberia.— Article  viii. — Same  Liberia, 
as  Dominica. 

26th  Decern' er,    1826,  with  Mexico.  —  Article  xi.— Same  Mexico. 
as  Bolivia. 

23rd  January,  1721. — Article  vii. — Treaty,  8th  April,  1791.  Morocco. 
— Article  ii.,  and  renewed  by  later  Conventions  with  Mo- 
rocco.—  Same  privileges,  etc.,  as  Algiers. 

31st  May,  1839,  with  Muscat.— .Article  iii. — The  two  High  Muscat. 
Contracting  Parties  to   appoint    Consuls  to  reside  in  each 
others   dominions,   who  shall  at  all  times  be  on  the  same 


540  APPENDIX. — SECTION   VIII. 

footing  as  those  of  the  most  favoured  nation.  Each  of  the 
Contracting  Parties  agrees  to  permit  his  owti  subjects  to  be 
appointed  to  Consular  offices  by  the  other  Contracting  Party, 
provided  that  the  persons  so  appointed  shall  have,  previously 
to  commencing  their  duties,  obtained  the  sanction  of  their 
respective  sovereign. 

Paraguay.  4th  March,  1853,  with  Paraguay.— Article  xii.— Same  as 
Bolivia. 

Peru.  5th  June,  1837,  with   Peru.— Article   xi.— Same    as    Bo- 

livia. 

Portugal.  29th  January,   1642,  with  Portugal.— Article  viii.— Stipu- 

lates that  the  CJonsuls  named  and  appointed  by  Great  Britain 
for  the  aid  and  protection  of  British  subjects,  remaining 
within  the  dominions  of  Portugal,  shall  freely  and  fully  exer- 
cise the  power  and  authority  of  Consuls  within  the  said 
dominions ;  although  they  shall  not  profess  the  Roman  reli- 
gion.— Renewed  by  Article  vii.  of  Treaty,  10th  July,  1654. — 
s.  vii.  of  Treaty,  19th  February,  1810,  gives  power  to  the 
Consul  to  be  present  at  the  trial,  etc.,  of  any  case  concerning 
British  subjects. — s.  ix,  that  the  Consuls  of  each  nation  shall 
possess  the  privileges  which  belong  to  their  station,  and  which 
are  recognised  by  all  Governments  as  necessary  for  the  due 
fulfilment  of  this  office ;  but  that  they  shall  in  all  cases,  both 
civil  and  military,  be  entirely  amenable  to  the  laws  of  the 
country  in  which  they  reside,  and  they  shall  enjoy  full  and 
entire  protection  of  those  laws  so  long  as  they  conduct  them- 
selves in  obedience  thereto. 

Sandwich  31st  July,  1843,  with  Sandwich  Islands. — Article  iii. — As 
to  the  office  of  a  Consul,  whose  duty  it  is  to  watch  over  and 
protect  the  rights  and  privileges  of  the  nation  he  represents, 
and  to  decide  disputes  between  her  merchants,  is  one  which 
has  been  proved  by  the  practice  of  all  civilised  nations  to  be 
mutually  advantageous  for  the  promotion  of  commercial  inter- 
covu'se  between  two  countries,  and  the  avoidance  of  unneces- 
sary recourse  to  the  local  government  in  matters  of  trivial 
import ;  His  Majesty,  actuated  by  a  sincere  desire  to  give  un- 
equivocal testimony  of  his  determination  to  maintain  friendly 
relations  with  a  Power  he  has  been  taught  to  respect  and  to 
love,  hereby  pledges,  for  himself  and  his  successors,  that  he  will 
at  all  times  be  ready  to  acknowledge  the  rights  of  persons  duly 
constituted  to  execute  the  office  of  British  Consul,  and  to 
afford  him  ready  access  to  his  presence  in  council  whenever  it 
may  be  necessary,  to  lay  before  him  any  case  of  grievance  or 


Islands. 


APPENDIX — SECTION   VIII.  541 

complaint  on  the  part  of  a  British  subject,  reserving  to  him- 
self only  the  power  of  objecting  to  any  individual  nominated 
ad  interim  during  the  absence  of  such  Consul  who  he  is  pre- 
pared to  show  has  violated  his  laws,  despised  his  authority, 
and  made  a  disturbance  in  the  Kingdom,  or  other  good  and 
sufficient  reasons,  to  be  submitted  to  the  British  Government ; 
and  he  further  guarantees  to  such  person  so  discharging  the 
office  ad  interim  and  not  so  objected  to,  all  the  protection  to 
which  a  Consul  is  entitled  by  the  laws  of  nations,  and  all  the 
liberty  and  safety  necessary  to  the  projoer  dischai'ge  of  his 
duties. 

27th  February,  1851,  with  Sardinia. — Article  xii. — Same  Sardinia, 
as  Bolivia. 

23rd  May,  1667,    with  Spain. — Article    xxvii. — That  the  Spain. 
Consul  who  hereafter  shall  reside  in  any  of  the  dominions  of 
the  two  kingdoms  for  the  help  and  protection  of  their  subjects, 
being  so  named,  shall  haA'^e  the  same  authority  as  any  other 
Consul  hath  formerly  had  in  the  said  dominions. 

13th     November,    1840,    with    Texas. — Article    vii. — The  Texas. 
Consuls  and  Vice-Consuls  of  each  country  shall,  within  the 
territory  of  the  other,  enjoy  all  the  rights,  privileges,  and 
immunities,  which  are  accorded  to  such  functionaries  by  the 
law  of  nations. 

18th  October,  1662,  with  Tripoli. — Article  vii.— No  Consul  Tripoli, 
shall  be  subject  to  any  other  decision  except  that  of  the 
Day. — By  xiii.  he  shall  be  allowed  a  place  to  pray  in,  and 
no  man  shall  do  him  any  harm. — Articles  xvi.  and  xvii.  of 
1676,  same  privileges  as  Morocco. — Article  ii.  of  Treaty  of  1 694, 
English  Consul  shall  always  be  admitted  to  first  interview 
with  the  Dey  before  any  Consul  of  any  other  nation. — Re- 
newed by  Treaties  of  1716  and  1751,  and  s.  xx.  of  the  latter, 
gives  English  Consuls  precedence  over  all  other  Consuls. 

5th  October,   1662,  with  Tunis,  s.  viii.  and  ix.,  and  s.  ix.  Tunis, 
and  XV.  of  that  of  1716,  and  viii.  of  that  of  1751,  gives  same 
privileges  as  those  enjoyed  in  Tripoli  and  Morocco. 

3rd  Julv,  1815,  with  America. — Article  iv. — "  It  shall  be  United 

'  .  .  States 

free  for  each  of  the  two  contracting  parties  respectively  to 
appoint  Consuls  for  the  protection  of  trade,  to  reside  in  the 
dominions  and  territories  of  the  other  party  ;  but  before  any 
Consul  shall  act  as  such,  he  shall  in  the  visual  form  be  ap- 
proved and  admitted  by  the  Government  to  which  he  is  sent ; 
and  it  is  hereby  declared,  that  in  case  of  illegal  or  improper 
conduct  towards  the  laws  or  Government  of  the  countrv  to 


5i2 


APPENDIX. SECTION   VIII. 


Uruguay. 


Venezuela. 


which  he  is  sent,  such  Consul  may  eitlier  be  punished  ac- 
cording to  law,  if  the  law  will  reach  the  case,  or  be  sent 
back,  the  oiFended  government  assigning  to  the  other  the 
reasons  for  the  same." 

26th  August,  1842  with  Uruguay. —  Article  x. — Same  as 
Bolivia. 

18th  April,  1825,  with  Columbia. —  Article  x.— Same  as 
Buenos  Ay  res. 


The  following  are  the  Treaties  entered  into  by  Great  Britain  for  the  sup- 
pression of  the  Slave  Trade. 


Africa,  West. 
Vide  List  in  Commercial  Privi- 
leges, etc. 

Mgiers. 
Declaration,  28th  Aug.,  1816. 

Austria. 
Congress,  8th  Feb.,  1815.  Vienna. 
Protocol,  26th  July,  1815.  Paris. 
Declaration,     28th      Nov.,      1822. 

Verona. 
Decree,  7th  Aug.,  1826.  Vienna. 
Treaty,  20th  Dec.,  1841.  London. 
Protocol,  3rd  Oct.,  1845.  London. 
Treaty,  24th  Feb.,  1848.    Belgium, 

London. 

Belgium. 
Treaty,  24th  Feb.,  1848.  London. 
Protocol,  23rd  June,  1849.  London. 

Bolivia. 
Treaty,  25th  Sept.,  1840.  Sucre. 
Law,  9th  Nov.,  1844.  Sucre. 

Borneo. 
Treaty,  27th  May,  1847.  Bruui. 

Brazil. 
Convention,  23rd  Nov.,  1826.  Pdo 
Janeiro. 


Law,  7th  Nov.,  1831.  Eio  Janeiro. 
Decree,    12th     April,     1832.     Eio 

Janeiro. 
Portaria,    ]9th    Oct.,    1838.      Eio 

Janeiro. 
Notice,    12th    March,    1845.     Eio 

Janeiro. 
Law,  4th  Sept.,  1850.  Eio  Janeiro. 
Decree,    14th      Oct.,      1850.      Eio 

Janeiro. 
Decree,    14th     Nov.,    1850.       Eio 

Janeiro. 

Bremen. 
Law,  20th  Feb.,  1837.  Bremen. 
Convention, '9th  June,  1837.  Ham- 
burg. 

Buenos  Ayres. 

Law,    15th    Nov.,    1823.      Buenos 

Ayres. 
Decree,  26th   Nov.,   1833.    Buenos 

Ayres. 
Treaty,   24th  May,   1839.     Buenos 

Ayres. 

Chile. 
Treaty,  19th  Jan.,  1839.  Santiago. 


APPENDIX. — SECTION   VIII. 


543 


Convention,  7th  Aug.,  1841.  Santi- 
ago. 
Decree,  9th  Nov.,  1841.  Santiago. 

Costa  Rica. 
Treaty  of    Commerce,   27th   Nov., 
1849.  San  Jos6. 

Denma^-k. 

Edict,  16th  March,  1792.  Copen- 
hagen. 

Treaty,  26th  July,  1834.  Copen- 
hagen. 

Dominica. 
Treaty,   6th   March,    1850.     Santo 
Domingo. 

Ecuador. 

Law,  26th  September,  1830. 
Treaty,  24th  May,  1841.  Quito. 

France. 

Regulations,  Dec,  1 814.  Paris. 
Congress,  8th  Feb.,  1815.  Vienna. 
Decree,  29th  March,  1815.  Paris. 
Protocol    and    Notes,    26th    July, 

1815.  Paris. 
Ordinance,  8th  Jan.,  1817.  Paris. 
Law,  loth  April,  1818.  Paris. 
Ordinance,  24th  July,  1818.  Paris. 
Ordinance,  22nd  Dec,  1819.  Paris. 
Declaration,     28th      Nov.,      1822. 

Verona. 
Ordinances,    18th  Jan.,   and    13th 

Aug.,  1823.  Paris. 
Law,  25th  April,  1827.  Paris. 
Law,  4th  March,  1831.  Pai-is. 
Convention,  30th  Nov.,  1831.  Paris. 
Suppl.    Convention,    22nd    March, 

1833.  Paris. 
Ordinance,  24th  June,  1833.  Paris. 
Treaty,  Denmark,  26th  July,  1834. 

Paris. 


Treaty,  Sardinia,  8th  Aug.,  1834. 
Turin. 

Treaty,  Hans  Towns,  9th  July,  1837. 

Treaty,  Tuscany,  24th  Nov.,  1837. 

Treaty,  Sicilies,  14th  Feb.,  1838. 

Treaty,  20th  Dec,  1841.  London. 

Protocol.  Conferences,  Feb.,  Nov. 
1842.   London. 

Convention,  29th  May,  1845.  Lon- 
don. 

Declaration,  6th  Dec,  1845.  Lon- 
don. 

Ordinance,  28th  Feb.,  1846.  Paris. 

Protocol,  8th  May,  1849.  West 
Africa. 

Germany  (General). 
Resolution  of  Diet,  3rd  Feb.,  1843. 

Frankfort. 
Resolution  of  Diet,  19th  June,  1845. 

Frankfort. 

Greece. 
Law,  1st  March,  1841.  Athens. 

Hamburg. 
Convention.   Law,  9th  June,  1837. 
Hamburg. 

Hanoi}er. 
Vide  Germany. 

Hayti. 
Law,    19th    Nov.,  1839.    Port    au 

Prince. 
Convention,  23rd  Dec,  1839.   Port 

au  Prince. 

Johanna, 
Treaty,    8th  Nov.,    1844.   Montsa- 
molo. 

Liberia. 
Treaty,  21st  Nov.,  1848. 
Act  of  Legislature,  20th  Dec,  1849, 


544 


APPENDIX. — SECTION    VIII. 


Luheck. 
Same  as  Hamburg. 

Madagascar. 

Treaty  and  Proclamation,  23rd  Oct., 
1817.  Tamatave. 

Additional  Articles  and  Proclama- 
tion, 11th  Oct.,  1820.  Tamatave. 

Additional  Articles,  31st  May,  1823. 
Tamatave. 

Mexico. 
Treaty,  24th  Feb.,  1841.  Mexico. 
Additional  Articles,     13th    April, 
1842.  Mexico. 

Muscat. 

Treaty,  10th  Sept.,  1822.  Muscat. 

Proclamation,  30th  Oct.,  1822. 
Mauritius. 

Additional  Articles,  17th  Dec,  1839. 

Agreement,  2nd  Oct.,  1845.  Zanzi- 
bar. 

Netherlands. 

Decree,  15th  June,  1814.  Hague. 

Treaty,  4th  May,  1818.  Hague. 

Law,  20th  Nov.,  1818.  Brussels. 

Decree,  16th  April,  1821.  Brussels. 

Explanatory  Articles,  31st  Dec, 
1822. 

Additional  Articles,  25th  Jan.,  1823. 

Law,  23rd  Dec,  1844.  Brussels. 

Law,  10th  March,  1825. 

Additional  Articles,  7th  Feb.,  1837. 
Hague. 

Additional  Articles,  31st  Aug., 
1848.  Hague. 

New  Grenada. 
Law,  27th  April,  1847.  Bogotd. 
Treo,ty,  2ud  April,  1851.  Bogotd. 

Oldenburg. 
Vide  Germany. 


Persian  Gulf. 
Engagement,  3rd  May,  1 847.  Aboo- 

thabee. 
Engagement,  1st  May,  1847.  Amul- 

gavine. 
Engagement,  8th  May,   1847.  Bah- 
rein. 
Engagement,  30th  April,  1847.  De- 

baye. 
Engagement,    1st  May,   1847.  Egi- 

nan. 
Engagement,  17th  April,  1838.  Sug- 

ger. 
Engagement,  3rd  Jnly,  1839.  Sug- 

ger. 
Engagement,     30th     April,     1847. 

Sngger. 

Portugal. 

Alvara,  14th  Oct.,  1751.  Lisbon. 

Alvara,  24th  Nov.,  1813.  Santa  Cruz. 

Convention  Treaty,  21st  and  22nd 
Jan.,  1815.  Vienna. 

Declaration,  8th  Feb.,  1815.  Vienna. 

Royal  Order,  17th  Feb.,  1817.  Eio 
Janeiro. 

Additional  Convention,  28th  July, 
1817. 

Alvara,  26th  Jan.,  1818.  Rio 
Janeiro. 

Additional  Articles,  15th  March, 
1823.  Lisbon. 

Circular,  22nd  Oct.,  1835.  Lisbon. 

Notification,  18th  Jan.,  1836.  Lis- 
bon. 

Decree,  10th  Oct.,  1836.  Lisbon. 

Circular,  2nd  March,  1836.  Lisbon, 

Instructions,  1841,  1842.  Cintra. 

Treaty,  3rd  July,  1842.  Lisbon. 

Memorandimi,  3rd  July,  1842.  Lis- 
bon. 

Decree,  25th  July,  1842.  Lisbon. 

Notes,  30th  July,  1842.  Lisbon. 


APPENDIX. SECTION    VIII. 


545 


Portaria,  13th  Aug.,  1844.  Lisbon. 
Portaria,  5tli  Sept.,  1844.  Lisbon. 
Decrees,  14tli  Sept.,  1844.  Lisbon. 
Portaria,  lOth  Dec,  1844.  Lisbon. 
Portaria,  29tli  Dec,  1845.  Lisbon. 
Decrees,  1st  and  10th  Sept.,  1846. 

Lisbon. 
Decrees,  18th  April,  1848.  Delly. 
Protocols,  12th  August,  1847.  1.9th 

Nov.,  1850.  London. 

Prussia. 
Declaration,  8th  Feb.,  1815.  Vienna. 
Protocol,  26th  July,  1815.  Paris. 
Declaration,  28thNov.l822.  Verona. 
Treaty,  20th  Dec.  1841.  London. 
Protocols,  Feb.,  Nov.  1842.  London. 
Protocols,  3rd  Oct.,  1845.  London. 
Treaty,  24th  Feb.,  1848.  London. 

Rome. 
Brief,  3rd  Dec,  1839.  Eome. 

Russia. 
Same  as  Prussia,  with  additions. 
Circulai-,  Dec,  1835.  St.  Petersburg. 
Treaty,  20th  Dec,  1841.,  instead  of 

10th  Dec. 
Ukase,  26th  March,  1842.  St.  Peters- 
burg. - 

Sardinia. 
Treaty,  8th  Dec,  1834.  Turin. 
Protocol,  8th  Dec,  1834.  Turin. 
Circular,  1st  March,  1837.  Turin. 
Saxony. 
Vide  Germany. 

Sicilies, 
Convention,  14th  Feb.,  1838.  Naples. 
Law,  7th  Aug.,  1838.  Naples. 
Law,  14th  Oct.,  1839.   Capodimonte. 

Spain. 
Declaration,  8th  Feb.,  1815.  Vienna. 
Articles,  28th  Aug.,  1814.  Madrid. 

4 


Treaty,  23rd  Sept.,  1817.  Madrid. 
Cedula,  19th  Dec,  1817.  Madi'id. 
Explanatory  Article,  10th  Dec,  1822. 

Madrid. 
Order,  2ud  Jan.,  1826.  Madrid. 
Order,  15th  April,  1828.  Madrid. 
Treaty,  28th  June,  1835.  Madrid. 
Eoyal  Order,  March,  1838.  Madrid. 
Law,  2nd  March,  1845.  Madrid. 

Sweden. 

Proclamation,  16th  March,  1792 
Norway. 

Declaration,  8th  Feb.,  1815.  Vienna. 

Proclamation,  7th  Feb.,  1823.  Stock- 
holm. 

Treaty,  6th  Nov.,  1824.   Stockhohu. 

Ordinance,  21st  July,  1825.  Stock- 
holm. 

Additional  Article,  15th  June,  1835. 
Stockhohn. 

Texas. 
Treaty,  16th  Nov.,  1840.  London. 

Tunis. 
Declarations,  1841,  1846. 

Tuscany. 
Convention,  24th  Nov.,  1837.  Flo- 
rence. 
Circular,  March,  1840.  Florence. 

United  States. 
Acts  of  Congress,  22nd  March,  1794; 
10th  May,  1800;  2Sth  Feb., 
1803 ;  2nd  March,  1807  ;  20th 
April,  1818;  3rd  March,  1819; 
15th  May,  1820  ;  3rd  March,  1843. 
Convention,  12th  July,  1822  ;  13th 
Nov.,  1826  ;  2nd  March,  1827  ; 
9th  August,  1842. 

Uruguay. 
Treaty,    13th    July,    1839.     Monte 
Video. 

Venezzoela. 
Treaty,  15th  March,  1839.  Caraccas. 

A 


546  APPENDIX. — SECTION   VIII. 

The  following  are  the  Acts  of  Parliament,  etc.,  relating  to  the  Slave  Trade. 

Slavery.* 

11  Geo.  IV.,  and  1  Wm.  IV.,  c.  55. — Reducing  the  rate  of  bounties 
upon  the  seizure  of  slaves. 

3  &  4  Wm.  IV.,  c.  72. — For  carrying  into  effect  two  conventions  with 
the  King  of  the  French  for  suppressing  the  slave  trade. 

3  &  4  Wm.  IV.,  c.  73  ;  5  &  6  Wm.  IV.,  c.  45  ;  6  Wm.  IV.,  c.  5 ; 
6  &  7  Wm.  IV.,  c.  82  ;  1  Vict.,  c.  3  ;  1  Vict.,  c.  19  ;  2  &  3  Vict.,  c.  73  ; 
4  Vict.,  c.  18  ;  5  &  6  Vict.,  c.  91  ;  6  &  7  Vict.,  c.  99.— For  the  abolition 
of  slavery,  and  for  compensating  owners  of  slaves,  and  for  the  sup- 
pression of  the  slave  trade. 

5  &  6  Vict.,  c.  114. — Repealing  so  miach  of  2  &  3  Vict.  c.  73  as  relates 
to  Portugal, 

8  &  9  Vict.,  c.  93.— Provisions  of  8  &  9  Vict.,  c.  93,  relating  to 
seizures  extended  to  seizures  under  5  Geo.  IV.,  c.  119. 

5  &  6  Wm.  IV.,  c.  60. — For  carrying  into  effect  a  Treaty  with  the 
King  of  the  French  and  the  King  of  Sardinia. 

5  &  6  Wm.  IV.,  c.  61.— The  like  with  the  King  of  the  French  and 
the  King  of  Denmark. 

6  Wm.  IV.,  c.  6. — The  like  with  the  Queen  Regent  of  Spain. 

1  &  2  Vict.,  c.  39. — For  carrying  into  effect  a  Convention  of  Accession 
of  the  Hans  Towns  to  two  Conventions  with  the  King  of  the  French. 

1  &  2  Vict.,  c.  40. —  To  carry  into  effect  an  additional  article  with 
Sweden. 

1  &  2  Vict.,  c.  41.— The  like  with  the  Netherlands. 

1  &  2  Vict.,  c.  47  ;  5  &  6  Vict.,  c.  42. — For  more  effectually  carrying 
into  effect  the  Treaties  and  Conventions  made  with  Foreign  Powers  for 
suppressing  the  slave  trade. 

1  &  2  Vict.,  c.  83. — For  carrying  into  effect  a  Convention  of  Accession 
of  the  Duke  of  Tuscany  to  two  Conventions  with  the  King  of  the 
French. 

1  &  2  Vict.,  c.  84.— The  like  of  the  King  of  the  Two  Sicilies. 

3  &  4  Vict.,  c.  67. — For  carrying  into  effect  the  Treaty  between  Her 
Majesty  and  the  Republic  of  Venezuela. 

5  &  6  Vict.,  c.  40. — For  carrying  into  effect  the  Treaty  between  Her 
Majesty  and  the  Argentine  Confederation. 

5  &  6  Vict.,  c.  41.— The  like  with  the  Republic  of  Hayti. 

5  &'6  Vict.,  c.  101. — Extending  to  the  Governors  and  Officers  of  the 
East  India  Company  the  powers  given  by  5  Geo.  IV.,  c.  113,  for  the 
more  effectual  suppression  of  the  importation  of  slaves  into  India  by  sea. 

*  Archer's  Index  of  the  Unrepealed  Statutes. 


APPENDIX. — SECTION    VIII.  547 

6  Vict.,  c.  14. — For  carrying  into  effect  a  Treaty  with  the  Republic 
of  Bolivia. 

6  Vict.,  c.  15. — The  like  with  the  Eepublic  of  Texas. 

6  Vict.,  c.  16. — The  like  with  the  Oriental  Eepublic  of  the  Uruguay 

6  &  7  Vict.,  c.  50. — For  carrying  into  execution  a  Treaty,  signed  at 
London,  for  the  suppression  of  the  slave  trade,  so  far  as  the  same  relates 
to  Great  Britain,  Austria,  Prussia,  and  Russia. 

6  &  7  Vict.,  c.  51. — The  like  with  the  Mexican  Republic. 

6  &  7  Vict.,  c.  52.— The  Uke  with  the  Republic  of  Chili. 

6  &  7  Vict.,  c.  53.— The  like  vnth  the  Queen  of  Portugal. 

7  &  8  Vict.,  c.  26. — Authorising  Her  Majesty  to  carry  into  imme- 
diate execution,  by  Orders  in  Council,  any  Treaties  for  the  suppression 
of  the  slave  trade. 

8  &  9  Vict.,  c.  122.^ — To  amend  an  Act  for  carrying  into  execution  a 
Convention  with  the  Emperor  of  Brazil. 

11  &  12  Vict.,  c.  116. — For  carrying  into  effect  the  Treaty  with  the 
Republic  of  the  Equator. 

11  &  12  Vict.,  c.  128.— For  carrying  into  effect  the  agreement  with 
the  Imaum  of  Muscat. 

12  &  13  Vict.,  c.  84. — For  carrying  into  effect  engagements  with 
certain  Arabian  Chiefs  in  the  Persian  Gulf. 

The  two  following  States  have  Treaties,  etc.,  for  the  arrest  of  Fugitive 

Criminals. 

United  States.— 6  &  7  Vict.,  c.  76  ;  8  &  9  Vict.,  c.  120 ;  Act  of  Congress, 
12th  August,  1848. 

France.— 6  &  7  Vict.,  c.  75  ;  Treaty,  13th  February,  1843 ;  8  &  9 
Vict.,  c.  120. 

International  Copyright  is  extended  to  following  Countries. 

France,  Hamburg,  Hanover,  Belgium,  Anhalt  Dessau,  Auhalt  Bern- 
bourg,  Brunswick,  Oldenburg,  Prussia,  Saxony,  and  States  of  the 
Thuringian  Union. 


548 


APPENDIX. 


SECTION  THE  NINTH. 


MONEYS,  WEIGHTS,  AND   MEASURES. 


AUSTRIA. 

Money. 

1  florin  =  2s. 

1  ducat,  or  4  florins  30  kreutzers, 
=  f)s. 

1  dollar  or  thaler  =  2  florins,  4s. 

1  florin  =  60  kreutzers ;  1  kreut- 
zer  ■=.  4  pfennig. 

The  metallic  currency  consists  of — 

In  gold.  Ducats  =  4  florins  30 
kreutzers ;  Souverains  =  13  florins 
20  kreutzers ;  and  half  souverains  = 
6  florins,  40  kreutzers. 

In  silver.  1,  §,  \,  species  thaler,  of 
2,  1,  and  ^  florins,  1,  J,  and  \  crown 
thalers  =.  2  florins,  12  kreutzers,  1 
florin,  6  kreutzers,  and  33  kreutzers 
respectively ;  and  silver  pieces  of  20, 
17,  15,  10,  7,  5,  3,  and  1  kreutzer. 

In  copper.  Polturack  of  IJ  kreut- 
zer ;  groschen  of  f  kreutzer  ;  1,  g,  and 
\  kreutzer. 

Measures. 
Long  Measure. 
100  Vienna  feet   =    103-710   English 
feet. 

1  Vienna  foot  =  12  inches  of  12 
lines. 

The  furlong  is  6  feet,  and  1  post-mile 
=  4,000  furlongs. 

Liquid  Measure, 
100  Vienna  eimers  =  31-144  English 
Inij)erial  gallons. 

]  wine  einier  z:^  41  mass. 
1  beer    ditto   =  Vl^  ditto. 


Dry  Measure  and  Weights. 

100  metzen  =  21 -150  English  impe- 
rial quarters. 

1  metzen  =  1,9471  cubic  Vienna 
feet. 

1  muth  =  30  metzen. 

1  Centner  =  100  Vienna  pounds  = 
123-460  English  pounds. 

1  Vienna  pound  ^=  32  loths,  1  loth  = 
4  quentchen. 

1  saum  =  275  pounds  Vienna,  1 
stone  20  pounds  ditto. 

LOMBARDY. 

1  lire  =  100  centesimi  =  20  kreut- 
zer. 

Currency,  gold;  same  as  Vienna. 
Silver  scudi  =  6  lire  =:  h  scudi. 
Copper  soldi  =  5  cents. 

Paper  currency  is  depreciated  from 
20  to  35  per  cent. 


BAVARIA. 

1  florin  =  Is.  Sd. 

3  kreutzers  ^  Id. 

1  ducat  =  9s.  3d. 

1  crown  thaler  =  4 v.  'id. 

Gold  currency. — 10  and  5  gulder 
stuck. 

Silver  currency. — 3^  silver  florin 
piece,  ducat,  crown  thaler,  1  florin. 

1  gulden  or  florin  =  60  kreutzer  ; 
1  kreutzer  =  4  pfennig. 


APPENDIX.  —  SECTION    IX. 


549 


Weights  and  Measures. 

Long  Measure. 
100  feet  =  95-756  English  feet. 
100  ells  =:  91-101  Englisli  yards. 
1  ell    =3  feet,   1  foot  =   12   inches. 
1  inch  =12  lines. 

Liquid  Measure. 

100  mass  =  23-529  English  imperial 
gallons. 

1  eimer  ■=■  9|  English  imperial 
gallons. 

1  cask  or  fass  beer  =  25  eimer  ;  1 
eimer  :=  64  mass. 

Dry  Measure. 

100  scheffel  =  76-740  English  im- 
perial quarters. 

100  metzen  =  12-745  English  impe- 
rial quarters. 

1  schefiel  =  6  and  7  metzen. 

Weights. 

100  lbs.  centner  =  123-457  English 
avoirdupois  lbs. 

1  centner  =  100  lbs.;  1  lb.  =  32 
loth ;    1   loth  =   4  quentchen. 


BELGIUM. 

10  centimes  ^  Id. 

1  franc  20  centimes  =  Is. 

25  francs  =  1^. 

Gold  currency.  —  Leopold  =  25 
francs. 

Silver  currency. — 10,  5,  and  1  franc 
pieces. 

Copper  currency. — Sous,  centimes. 

1  franc  =  100  centimes. 

Long  and  Land  Measure. 
Metre  =  3,280  feet. 
Millimetre  -=  0,039  miles. 


Centimetre  =  0*393  miles. 
Decimetre  =   3-937  miles. 
Myriaraetre  =  6-213  miles. 
Mitre  Cane  =  1-196  square  yards 
Are  =  0-098  roods. 
Hectare  =  2-473  acres. 

Liquid  Measure. 
Litre  =  1-760  pints. 
Decalitre  =  2201  gallons. 
Hectolitre  =  22-009  gallons. 

Weights. 
Gramme  =  15,438  grains  troy. 
Kilogramme  =  i  .^ 


680  lbs.  troy. 
2051bs.  avoirdupois. 


BENGAL. 
1  Gold  mohur  =  1/.  9s. 
1  RuiJee  sicca  =  Is,  \^\d. 
Vide  Calcutta. 

Weights   and  Measures. 
Seer  =  2  lbs. 

Factory  maund  =  74  lbs.  10  oz. 
Bazar  maund  =  82  lbs.  20  oz. 
Coss  =11  mile  square. 
Beya  =  2  to  3^  acres. 


BRAZILS. 

Dobraos  =  12,800  reis  =  3Z.  lis.  M. 

h.  Ditto  =  6,400  reis  =  \l.  15s.  9rf. 

Pecas=  4,000  do.  =  M. 
Do.   =  960  do.  =  4s.  \d. 

Pataca  =  320  do.  =  Is.  4rf. 

Testones  =  100  do.  =  5</. 

Gold  currency. — Pieces  of  1,000, 
2,000,  and  3,000  reis ;  dobraos  of  12,800 
reis  ;  \  do.  6,400  ;  and  pecas  of  4,000 
reis,  {yi\  patacas  pieces.) 

Silver  currency. — Pecas  of  960  reis, 
(3     patacas    pieces);     patacas    of    320 


550 


APPENDIX. — SECTION   IX. 


reis  ;  ^,  |,  and  J,  ditto;  crusados  of 480 
reis ;  ^,  I,  and  |,  ditto ;  testones  of 
100  reis. 

Copper  currency. — 1,  2,  4  vintems, 
and  ^  and  |  ditto. 

Measures  of  length  same  as  Portugal. 

•100  arretels  =  lOMSlbs.  avoirdu- 
pois. 

1  arroba  =:  32"88  lbs.  avoirdupois. 

100  covadas  =  74-14  yards. 

100  varas  =  119-83  yards. 

100  medidas  =  59-54  imperial  gallons. 

100  alquieres  =  13-87  imperial  quar- 
ters. 


BREMEN. 

2  groschen  =  Id. 

24  groschen  =:  Is. 

6  rix  tlialers  6  groschen  =z  II. 

Gold  currency. — Rigxdol,  louis  d'or. 

Silver  currency. — Thaler,  groat  piece. 

Copper  currency. — Groschen. 
Long  Measure. 

100  feet  =  94-933  English  feet. 

100  ells  =  68-289  English  yards. 

1  ruthe  =  16  feet  ;  1  foot  =  10  and 
12  inches. 

Liquid  Measure. 

100  stiibchen  =  70903  English 
impei-ial  gallons. 

1  fuder  =  6  ohm  =  45  stiibchen  = 
180  quarts. 

1  anker  =  45  quarts,  1  quart  =  4 
mingel. 

Hogshead  or  oxhoft  =  1^  ohm. 
Dry  Measure,   Weights. 

100  scheffel  =  25*485  English  im- 
perial quarters. 

100  lbs.  =  109-899  English  avoirdu- 
pois pounds. 

1  centner  =  116  lbs.  ;  1  lb.  =  32  loth 
of  4  quentchen  ;  1  quentchen  =  4 
orth, 

*  Tate's  Modern  Cambist. 


BRUNSWICK. 

10  thalers  =  1/.  12s.  4rf. 

1  thaler  =.  3s. 

1  groschen  =:  lid. 

10  pfennig  =  Id. 

Gold  currency. — Ducats  of  2|  thalers, 
pistoles,  Charles  d'or,  William  d'or  of 
5  and  10  thalers,  |  ditto  of  2|  thalers. 

Silver  currency. — 1,  J,  and  |  con- 
ventions thaler  of  48,  24,  and  12  ma- 
riengroschen;  20,  10,  and  5  kreutzer 
piece  of  6,  3,  and  1|  mariengroschen. 

Copper  currency. — Pfennige. 

Weights  and  Measures. 
Lo7ig  Measure. 
100  feet  =  93-625  English  feet. 
100  ells  =  62-416  English  yards. 
1  ruthe  =  8   ells  or  16  feet ;  1  foot 
=  12  inches. 

Liquid  Measure. 

100  quarter  =  20-620  English  im- 
perial gallons. 

1  fuder  zr  1  oxhoft,  6  ohm  ;  1  ohm 
=  10  stiibchen  of  2  mass  of  2  quartier  of 
2  riisel. 

1  anker  =  40  quartier;  1  ohm,  160; 
1  oxhoft  or  hogshead,  240 ;  and  1  ton, 
108  quartier. 

Dry  Measure  and  Weights. 

1  himten:^  10-711  English  imperial 
quarters. 

1  wispel  has  4  scheffel,  40  himten, 
160  vierfass,  or  640  locher. 

100  lbs.  =  103-111  English  lbs. 
avoirdupois. 

1  shiifslast  has  4,000  lbs. ;  1  centner 
has  114  lbs.  =  5  heavy  =  100  light 
stone  or  stein  ;  1  lb.  =  32  loth  of  4 
quentchen. 


CALCUTTA. 
1  mohur  =  03-212  shillings. 


APPENDIX. — SECTION   IX. 


551 


1  sicca  rupee  =  2479  pence. 

1  lack  =:  100-000  rupees  ;   1  crore  = 

100  lack  ;  and  1  quirda  =  4. 

Gold  currency. — 1  mohur,  1  sicca  ru- 
pee, 1  ferrahabad  rupee,  and  one  Bengal 
ditto. 

Weights  and  Measures. 

1  haut  =  18  inches. 

1  khahoon  =  40  baz  ormaunds  =16 
scales  of  20  pallies  ;  1  pallie  =  10-2668 
Englisli  lbs.,  avoirdupois. 

1  cliittack  =  5  sicca;  1  seer  =  4 
penahs. 

1  maund  =  40  seers. 

100  bazar  maund  =  110  factory 
maunds. 

1  bazar  maund  =  82-132  Englisli  lbs. 

1  factory  maund  =  74*666  Englisli  lbs. 


CHILI. 

Same  as  Spain. 


CHINA. 

720  to  1,000  casli  =  4«.  2d. 
1  tael  =  6s.   \d. 

The' currency  consists  of  a  copper 
piece  called  cash,  and  silver  pieces 
called  tael.  Gold  is  used  as  a  currency  ; 
but  is  only  in  thin  leaves,  and  is  gene- 
rally used  as  barter.  There  is  very  little 
credit,  and  the  natives  still  resort  to  the 
primitive  mode  of  baiter. 

Vide  proclamation,  dated  Ilong  Kong, 
29th  March,  1842. 

Weights  and  Measures. 
1  tael  =  583^  graiiis  troy. 
1  catty-=  li  lbs.  avoirdupois. 
1  pecul  =  133ilbs.  avoirdupois. 
1  pecul  =  100  catties;   1  catty  =  16 
taels. 

Many  things  are  sold  by  the  English 
weight,  such  as  coals,  anchors,  cables, 
etc. 


DENMARK. 

3|  skill  =  Id. 

44  skill  =  Is. 

9  rigxd  16  skill  =  \l. 

Gold  currency. — Christian  d'or  of  7| 
reichbanks  thaler  ;  species  ■=.  ducats  of 
4  reichbanks  thalers  ;  cor  :  ducats  of  Z\ 
reichbanks  thalers;  double  and  single 
Friedericks  d'or  of  15  and  7\  reichbanks 
thalers. 

Silver  currency.— Species  thaler  of  2 
reichbanks  thaler  ;  \  ditto  of  1  ditto.  Is. 
&d. ;  species  thaler  -^  ditto,  ^  ditto,  1 
and  2  skillings. 

Copper  currency. — 1  and  \  skilling 
pieces. 

1  reichbank  thaler  =  6  mark  and  16 
skillings. 

Weights  and  Measures. 
Long  Measure. 
1  mile  z=.  4-684  English  miles. 
1  foot  =  12i  English  inches. 
100  ells  =  68-648  English  yards. 
1  foot  =  12  inches. 

Liquid  Measure. 

100  cans  zz  42-520  English  imperial 
gallons. 

100  potts  =  2-126  English  imperial 
gallons. 

1  stiick  =  71  ohm  of  4  anker. 

1  anker  =  19|-  cans  =:  385  potts. 

Dry  Measure. 

100  tender  =  47-844  English  impe- 
rial quarters. 

1  laest  =  22  tenders  ;  1  tender  rz  4 
quarters  of  2  skaeppen. 


100  lbs.  =  110-077  English  lbs. 
avoirdupoise. 

1  centner  =  100  pounds  zz  1  pound 
==  16  unzer  or  ounces  or  32  lod  ;  1  lod 
=  4  quentchen  or  16  ort ;  1  ort  =  16 
es ;   1  es  =  8  gran. 


552 


APPENDIX. — SECTION   IX. 


EAST  INDIES. 
ride  Bengal  and  Calcutta. 


EGYPT. 

17  paras  =  Id. 

5  piastres  =  Is. 

97  piastres  20  paras  =1/. 

Gold  currency. — Sequin  of50  piastres  ; 
saadeeyeh,  4  piastres ;  kheyreeveh,  9 
piastres. 

Silver  currency. — New  piastre  :=  12 
piastres;  grush  ^  4  piastres;  1  piastre. 

Copper  currency. — Moschersch,  I 
piastre  ;  fuddah,  or  para. 

1  piastre  =  40  paras. 
Long  and  Liquid  Measure  as  Turkey. 

Dry  Measure. 
100  ardeb=  101'66  imperial  quarters. 

Weights. 
1  okka  =:  400  draninion  of  16  karat 
of  IC  gran, 

1  cantar  =  100  rottoli. 


FRANCE. 

10  cents  =1  Id. 

I  franc  25  cents  =:  Is. 

25  francs  =  1/. 

Gold  currency.  —  40  and  20  franc 
pieces. 

Stiver  currency. — 5,  2,  li,  and  | 
francs. 

Copper  currency. —  2  and  |  decimcs, 
and  5,  2,  and  1  centimes. 

Weights   and  Measures. 
Long  Measure. 
100  metres  =  328-090  English  feet. 
1  millimetre  =  0-03937  English  incli. 
1  metre  =  10  decimetre,  1  decimetre 
=:  10  millimetres. 


1  myriometre  =  10,000  metres  ;  1  ki- 
lometre =  1,000  metres. 

1  hectometre  =  100  metres  ;  and  1 
decametre  =10  metres. 

Liquid  and  Dry  Measure. 
100  litre  =  22-010   English  imperial 
gallons. 

100  hectolitre  =  34-390  English  im- 
perial quarters. 

1  centilitre  =  0-61029  cubic  inches. 
1    millitre  =  0-06104  cubic  inches. 
1  litre  =  10  decilitres. 
,,       =  100  centilitres. 
„       =  1,000  millilitres. 
1,'myriolitre  =  10  kilolitres. 
„         „       =  100  hectolitres. 
„         „      =  1,000  decalitres. 
„       =  10,000  litres. 

Lo7)g  Measure. 

100  mfetres  =  109-363  English  yards. 

1  m&tre  =  32-809  English  feet. 

1  kilometre  =  1093-6289,  ditto. 

100  post  miles  =  87-7  lieues  de  France 
=  242-2  English  miles. 

1  lieue  marine  =  3-4521  English 
miles. 

1  hectare  =  2-4712  English  ^cres. 

1  are  =:  119-6046  English  yards. 

1  myriamfetre  =  2-2.5  lieues  de  France. 
,,         „         =:    2-565     French   post 
miles. 

1  myriam6tre=  1-8  French  sea  miles* 

100  French  post  miles  =  39  myria- 
ni&tres. 

1  myriam&tre  =  10  kilomfetres  z=  100 
hectometres  :=  1,000  decam&tres  = 
10,000  metres. 

Weights. 

100  kilogrammes  =  220-48  lbs.  avoir- 
dupois. 

1  decagramme  =:  154-3402  grains. 

1  gramme  =:  10  decagrammes  =  100 
centigrammes  =  1000  milligrammes. 

1  niyriogramme  =  10,000  grammes. 


APPENDIX. SECTION    IX. 


553 


1  kilogramme  =  1,000  grammes. 
1  hectogramme  =100  grammes. 
1  decagramme  =  10  grammes. 


FRANKFORT. 

Rix  dollar  =  4s.  6^d. 
Marc  =  Is.  5|rf. 
Gold  ducat  =  9|rf. 

Metallic  Currency. 
Gold. — 2|,  5,  and  10  thaler  pieces. 
Silver. — 6,  12,  and  36  grote  pieces. 
Copper. — grosehen  or  grotes. 

Weights  and  Measures. 
Long  Measure. 
100  feet  =   93-378  English  feet. 
100  ells  =  59-855  English  yards. 
1    foot   =    12   inches  J    1    inch   =  12 
lines. 

Dri/  Measure. 

100  maker  =  39-46  English  imperial 
quarters. 

1  malter  =  4  simmer,  8  mesten,  16 
sechter. 

Fluid  A/easure. 

100  old  mass  =  39-461  English  im- 
perial gallons. 

1  ohm  =  20  viertel  of  4  mass  of  4 
schoppen. 

1  stuck  of  wine  =  8  ohm,  1  fuder  = 

6  ohm. 

Weights. 

100  lbs.  =  111-409  English  avoirdu- 
pois lbs. 

1  centner  =  100  -lbs. ;  1  lb.  =  32 
loih  of  4  q,ueiitchen. 


GREECE. 
11  para  or  lepta  =  Id. 
1  drachmae  30  lepta  =  1.?, 


28  drachmae  15  lepta  =  II. 

Gold  currency. — Pieces  of  10,  20,  40, 
and  50  drachmae. 

Silver  currency.— Oko  or  5  drachmce 
piece,  drachmae. 

Copper  currency. — Piastre,    para   or 
lepta,  asper. 

100  para  or  lepta  =  1  drachmae. 
Weights   and   measures    nearly   same   as 
Turkey. 

Weights. 

100  okes  =  280  lbs.  avoirdupois. 
1  oke  =  400  dramai. 

Dry  Measure. 
100   kilon   =    Hi    English  imperial 
quarters. 


HANOVER. 

1  George  pistole  =  16s.  4rf. 
1  thaler  =  2s.  U^d. 
Gold  currency. — Georgepistole,  Wil- 
liam d'or  ducat. 

Silver  currency.— Thaler,  i  thaler. 
Copper  currency. — Grosehen, pfennig. 
1  thaler  =  24  grosehen,  12  pfennig. 

Weights  and  Measures. 

Long  Measure. 

1  foot  =  Hi  English  inches. 

100  feet  =  95-833  English  feet 

100  ells  =  63-889  English  yards. 

1  foot  =  12  inches;  1  inch  =  12 
lines  ;   1  ell  =  2  feet. 

1  klafter  =  6  feet;  1  ruthe  =  16 
feet. 

1  mile  =  25-400  feet. 

J^iquid  Measure. 

100  kannen  =  42,852  English  im- 
perial gallons. 

100   stiibchen  =  85700  English  im- 
perial gallons. 
B 


554 


APPENDIX. — SECTION   IX. 


1  stiibchen  =  2  kanneii  or  4  quartier  ; 
1  quartier  ^  2  rcissel. 

40  quartier  =  1  anker,4  anker  1  ohm  ; 
1  fuder  lias  4  oxlioft  or  6  olun. 

Dry  Measure. 

100  himtea  =  10,713  English  im- 
perial quarters. 

1  himten  =:  4  metzen  ;  1  metzen  or 
spint  =  4  sechzehntel  or  hoop  ;  6  him- 
ten =  1  malter;   16  malter  =  1  last. 

Weights. 
100  centner  =  92,064  English  cwt. 
1  schiffslast  =  4,000  pfund  ;  1  centner 
=  100  pfund  ;   1  pfund  =-=  32  loth. 


HANSEATIC  STATES. 

1  schil.  3  pfen  =  Itf. 

13}  schil.  =  Is. 

16  mk.  8  schil.  =  1/. 

Gold  currency. — Ducat. 

Silver  currency. — Rixdollar,  mare, 
schelling. 

Copper  currency. — Pfennig. 

1  rixdollar  =  3  marcs ;  1  marc  = 
16  schilling;  1  schilling  =  12  pfennig. 

"Weights   and  Measures. 
Long  Measure. 
100    ells  =  62-76    English  imperial 
yards. 

1  foot  =  11-2  English  inches. 

1  ell  =  2  feet,  1  foot  =  12  inches. 

Liquid  Measure. 

1  oxhoft  or  30  viertel  =  47-68  Eng. 
lish  imperial  gallons. 

1  fuder  =  4  oxhoft  =  6  ohm  of 
4  anker,  of  Ij  eimer,  of  '4  viertel,  of 
4  stiibchen,  of  4  quartier,  of  2  oefFel. 

1  viertel  =  7*22  liter  ;  1  ton  beer 
=  48  stiibchen ;  1  small  ton  =  32 
stiibchen. 


Dry  Measure. 

100  fass  =:  18-90  English  imperial 
quarters. 

1  last  =  60  fass,  of  2  himten,  of  4 
spint. 

1  schefFel  =  2  fass  and  3  fass. 

Weights. 
100   lbs.  =  106-72   English    avoirdu 
pois  lbs. 

1  schifFspfund  z=  2^  centner. 

1  centner  =  112  lbs. 

1  pfund  =  16  unzen,  or  32  loth. 

1  scheffspfnnd  for  carriage  =  320  lbs. 

1  stone  flachs  =:  20  lbs. 

1  ditto  wool  =  10  lbs. 


HAYTI. 

1  gourde  =  1^.  M. 
1  ditto  =  100  cents. 
There  is  no  proper  currency — Spanish 
dollars,  etc.,  are  used  frequently. 

Weights    and  Measures. 
The  "  quintal  =   108    lbs., '.  is    gene- 
rally in  use.     Goods  are  sold  according 
to  the  French  and.English  weights  and 
measures. 


HOLLAND. 

5  cents,  zz  Id. 

60  cents.  =  Is. 

12  guilders  =  II. 

1  guilder  =  100  cents. 

Gold  currency. — 5  and  10  guilder 
pieces. 

Silver  currency. — Ducats  of  5  guilders 
50  cent. ;  thaler  of  2  guildef  50  cents.  ; 
1  and  3  guilder  pieces;  50,  25,  10  and 
5  cent,  pieces,  and  3  and  1  guilder 
pieces. 

Copper  currency. — 1  and  §  cent, 
pieces. 


APPENDIX, — SECTION   IX. 


555 


Weights  and  Measures. 
Lovg  Measure. 
100  ells  z=L  109-3637  English  yards. 
1  foot  =11  English  inches. 
1  ell   =  10  palmer  of  10  duim. 
1  ell  =  4  feet;  1  roade  =  10  ellen. 

Liquid  Measure. 
1    vat  =   100   kan;    1     kan  =   10 
maatjes. 

1  maatje  =10  fingerhoed. 

1  vat  =  22'01  imperial  gallons. 

Wine  Measure. 
1    ohm  =  4   anker,    8    stekanen,    21 
viertel,   64  stoppen,   128  mingeln,    256 
pinten. 

Dry  Measure. 
50  mudden^  17-195  English  imperial 
quarters. 

I    last    =    10-32     English     imperial 
quarters. 

1    last  =  30   muddeu  ;    1  mud  den  = 
10  schepels  ;  1  schepel  =  10  koppen. 
Weights. 
100  =  108  lbs.  avoirdupois. 
1  pond  =  10  onces  =100  lodden  = 
1,000  wigtjes. 


NORWAY. 

2}  skill  =  \d. 

28  skill  =  Is. 

4  sp.  dol.  75  skill  =  \l. 

1    species    dollar  =  5    marks    of    24 
shillings  (skillings). 

Silver  currency. — 1  and  i  species  dol- 
lars, and  \  and  -^  ditto. 

Copper  currency. — Skilling  pieces. 
Weights  and  Measures  as  Sweden. 


PAPAL  STATES.— ROME. 
2  bajocchi  =  Id. 


2  paoli  5  bajocchi  =:  Is. 

46  paoli  5  bajocchi  =  1^. 

1  scudi  =  100  bajocchi  or  10  paoli  ; 
1  bajocchi  =  5  quatrini. 

Gold  currency. — Doppia  of  315 
bajocchi;  zechini  of  215  bajocchi. 

Silver  currency. — Scudi,  i  ditto  : 
testoni  of  30  bajocchi;  papeti  of  20 
hajocchi;  double  and  1  carlini  of  15 
and  7i  bajocchi  ;  4,  2,  and  single  ba- 
jocchi. 

Copper  currency.— 2,  1,  \  hajocchi  of 
10,  5,  and  2%,  and  1  quatrini. 

Weights  and  Measures. 
Long  Measure. 
1  foot  =  11-72  English  inches. 
1  bau  canna  =  87-96  English  inches. 
1  ell  =  2-1890  English  yards. 
1  ell  =  8  palmi. 

Liquid  Measure. 

1  barilo  =  12f  English  imperial 
gallons. 

1  barilo  =  82  boccali  of  4  fogliette. 

1  fogliette  =  4  cartocci ;  1  botta  = 
9  barili. 

Dry  Measure. 

1  rubbio  =  I'OIS  English  imperial 
quarters. 

1  rubbio  =  2  rubiatelli,  4  quarti,  8 
quartarelli,  16  stari. 

Weights. 

100  lire  =  74-771  English  lbs.  avoir- 
dupois. 

1  cantaro  =  1,000  lire;  1  decina  = 
10  lire  ;  1  lire  =  12  once  ;  1  once  =  24 
denari. 


PIEDMONT.— GENOA. 

1  lira  nuova  =  did. 

20      „     „      =  15*.  IQd. 


556 


APPENDIX. SECTION    IX. 


1  lira  =  100  centesimi. 

5  lira  nuova  =:  6  lire  fuori  banco. 

Gold  currency. — Doppia  of  80,  40, 
and  20  lire  nuove. 

Silver  currency.  —  Scudi  of  5  lire 
2,  H,  and  ^,  ditto. 

Copper  currency. — 5,  3,  and  1  cen- 
tesimi. 

Weights  and   Measures. 
Lo7ig  Measure. 

100  palmi  =  27  English  yards. 

100  braccio  =:  63"02  English  yards. 

1  canna  n:  12  palmi. 

1  canna  piccola  =  9  palmi. 

Liquid  Meastire. 
100  inezzarole  =r  3478'23  English  im- 
perial gallons. 

1  mezzarole  =  2  barili  =  100  penti. 

Dry  Measure. 

100  mine  ■=.  40-14  English  imperial 
quarters. 

1  mina  =:  8  quarti  ;  1  quarti  =  12 
cambetti. 

Weights. 
100  libbrapeso  =  76'871  lbs.  avoirdu- 
pois. 


PORTUGAL. 

20  reis  or  1  vintem  =  \^d. 

206         „         „  =  \s. 

4120         „  „  =  U. 

1  millereis  =  1,000  reis;  1  crusado 
=  480  reis;  1  testone  =  100  reis;  1 
real  =  2  vintem  ;  1  vintem  =  20 
leis. 

Gold  currency. — Dobraons  of  20,000 
^,  ditto;  lisbones  of  4,000  ;  moedors  of 
2,000,  millereis  of  1,000,  and  crusados 
of  400  reis. 

Silver  currency.  —  Crusado  of  480 
reis,  \,  \,  and  i  ditto;  whole  and  4  tes- 
tones  of  100  and  50  reis. 


Copper  currency. — 10,  5,  3,  and  1^ 
reis. 

Weights  and  Measures. 

1  pe  =  12-944  English  inches. 

100  varas  zz  119-862  English  impe- 
rial  yards. 

1  p5  =  U  palmos  of  12  polegados  of 
12  liuhas  ;   1  vara  =  5  palmos. 

Liquid  Measure. 
1  almuda  =  368-46  English  imperial 
gallons. 

1  almuda  =  2  alqueires,  12  canadas. 
1  tonelada  =  2  pip^s  of  26  alniudas. 

Dry   Measure. 

1  alqueira  =  0-04645  English  impe- 
rial quarters. 

1  moyo  =  15  fanegas  of  4  alqueiras 
of  2  meyos  of  2  quartos  of  2  oitavos. 

Weights. 

100  libras=  101-186  English  avoir- 
dupois lbs. 

1  quintal  =  4  arrobas  of  32  arratel 
or  pounds. 


PRUSSIA. 

10  pfennig  =  \d. 

9  shill,  9  pfennig  =  Is. 

6  thai  15  shill  =  U. 

1  thai  =  30  silver  groschen  ;  1  gros- 
chen  =12  pfennig. 

Gold  currency. — Frederick  d'or  of  5 
tlialers. 

Silver  currency. — 2  and  l,thalers,  i, 
i,  and  ^  thaler. 

Copper  currency. — 4,  3,  2,  and,  1 
pfennig  pieces. 

Weights  and  Measures. 
Long  Measure. 
100  feet  =  102-972  English  feet. 


APPENDIX. SECTION   IX. 


557 


100  ells  =  72  939  English  yards. 

1  ell  =  25-5  inches  ;  1  foot  =  12 
inches. 

Liqiiid  Measure. 

100  quarts  z=  25-202  English  imperial 
quarters. 

1  fuder  =  4  oxhoft  (hogsheads)  of  H 
ohm  of  2  eimer  of  2  anker  of  30  quarts- 
1  hogshead  or  180  quarts. 

Dry  Measure. 
100   scheffeln  =  18901   English  im- 
perial quarters. 

1  schefFel  =  16  metzenof  3  quarts. 

Weights. 

100  lbs.  =  103-111  English  avoirdu- 
pois lbs. 

1  centner  =  110  lbs.  of  32  loth  of  4 
quentchen. 

1  shiffslast  =  4,000  lbs. 


RUSSIA. 

2f  copeks  =  \d. 

32  copeks  =  Is. 

G  roubles  33  copeks  =  \l. 

2  roubles  =  100  copeks. 

Gold  currency. —  Ducats  of  2\  and 
double  ducats  of  4|  roubles;  imperials 
of  \0\  ;  ditto  of  5  roubles. 

Silver  currency. — 1,  5,  and  \  roubles, 
and  20,  10,  and  5  copek  pieces. 

Copper  currency.—  2,  1,  J,  and  \ 
copeks. 

Weights  and  Measures. 
Long  Measure. 
100arschinen=  77-778  English  yards. 
1  foot  jr  1  foot. 
1   saschen  =  3  arschinen. 
1  arschine  =  16  wersckok. 

Liquid  Measure. 
lOOstoof  =  .27-069  English  imperial 
gallons. 


1  wedro  =  10  stoof;  1  bouteille  =  f 
stoof. 

1  sarokowaja  botschka  =  10  wedro. 

Dry  Measure. 

1  tschetwert  =  0-72185  English  im- 
perial quarters. 

100  tschetwert  =  72-185  English 
imperial  quarters. 

13^  tschetwert  =  10  English  imperial 
quarters. 

1  tschetwert  =  2  osmin  or  4  pajocks. 

1  tschetwert  =  8  tschetwerik  or  64 
garnez. 

Weights. 

100  lbs.=  109-717English  avoirdupois 
lbs. 

1  pud  =  40  lbs.  ;  1  berkowez  =  10 
pud. 


SAXONY. 

10  pf=  Id. 

10  groschen  =  Is. 

6  rd  25  groschen  :=  1/. 

1  thaler  or  dollar  =  30  groschen  ;  1 
groschen  =:  12  pfennig. 

Gold  currency. —Ducats  of  2  th.,  25 
gros.,  august  d'or,  pistoles  of  10,  5  and 
n  th. 

Silver  currency. — 2  and  1  thalers,  ^ 
ditto,  2,  1,  5  groschen. 

Weights  and  Measures. 

Long  Measure. 

100  feet  =  92-912  English  feet. 
100  ells  =  61-790  English  yards. 
1  Landruche_=  8  ells  or  16  feet  of  12 
inches. 

Liquid  Measure.     ' 

100  visir  kannen  =  30,910  English 
imperial  gallons. 


558 


APPENDIX. — SECTION   IX. 


100  new  kannen  =  20-592  English  i  mezzetti,  or  4  quarti,  or  8  stopelli  of  3 
imperial  gallons.  misure. 


1  eimer  =  72  kannen  of  2  rossel. 
1  fass  beer  =  420  kannen. 

Dry  Measure. 

1  winspel  =  2   malter,    24    scheffel, 
96  viertel,  384  metzen. 

Weights. 
100  lbs.  =  103  avoirdupois  lbs. 
1  centner  =  5  stone  of  22  lbs. ;  1  lb. 
=  32  loth  of  4  quentchen. 


TWO  SICILIES.— NAPLES. 

2^  grains  =  Id. 

30  ditto  =  Is. 

6  ducati  3  grain  =  11. 

1  ducati  =  100  grains  of  10  cavali. 

Gold  currency. — Pieces  of  6,  4,  2  and 
1  ducats,  and  of  10,  5,  2,  and  1  onza. 

Silver  currency. — Pieces  of  12,  10, 
6,  5,  4,  3,  2,  and  1  carlini ;  pieces  of 
66,  61,  26,  24,  13  and  12  grani. 

Copper  currency. — 1  and  5  publica, 
1  and  ^  grani. 

Weigts  and  Measures. 

Long  Measure. 

100  palmi  =  86-507  English  feet. 
100  canne  ^250"687  English  yards. 
1  canna  =  8  palmi;    1    palmi  =  12 
once. 

Liquid  MeasJtre. 

1  barilo  =  9*601  English  imperial 
gallons. 

1  carro  =  2  boti  of  12  barili  of  60 
carafFe. 

Dry  Measure. 

100  tomoli  =  18-995  English  im- 
perial quarters. 

1  carro  =  36  tomoli  ;    1    toniolo  =  2 


Weights. 

100  rotoli,  or  1  cantaro  =  196-430 
avoirdupois  lbs. 

1  cantaro  =  100  rotoli  ;  1  rotoli  = 
334  once. 


SPAIN. 

■^  real  =z  Id. 

5  reals  =.  Is. 

4  dollars  14  reals  =  1/. 

Gold  currency. — Doblon  de  a  ocho, 
onza  de  oro,  doblon  de  a  quarto,  J  onza 
de  oro,  doblon  de  oro,  escudo  de  oro. 

Silver  currency. — Peso  duro,  fuerto, 
gordo,  peso  de  a  ocho,  escudo  de  plata, 
pilare,  colonnati,  saulen  piaster. 

Copper  currency. — 2,  1,  and  I  quarto. 

Weights  and    Measures. 
Lo7ig  Measure. 

100  varas  =  92-734  English  yards. 
100  pies  =  92-733  cubit  feet. 
1  pies  =  iri28  cubit  inches. 
1  pies   =:  3  pulgados. 

Liquid  Measure. 

100  arrobas  mayores  =:  346-66 
English  imperial  gallons. 

1  arroba  mayore  =  3-4665  English 
imperial  gallons. 

1  mayo  =16  arrobas  ;  1  pipa  =  27 
ditto  ;  1  botta  =  30  ditto ;  1  arroba  = 
8  acumbres ;   1  ditto  =  4  quartillos. 

Dry  Measure. 

100  fanegas  :=  19-426  English  impe- 
rial quarters. 

1  cahiz  :^  12  fanegas  of  12  celemines 
of  4  quartillos. 


APPENDIX. — SECTION   IX. 


559 


IVeights. 

100  libras  =  101-442  English  avoir- 
dupois lbs. 

1  arroba  =:  25  libras  ;  1  libra  =10 
onzas,  or  128  drachmas,  or  256  adarmes, 
or  9,216  granos. 


SWEDEN. 

12  rix  dollar  banco  =1/. 

18     „     „       riksgald  =  II. 

4.^     ,,     „       specie  =  \l. 

I  rix  dollar  =  48  shillings  ;1  skilling 
iz  12  rundstiick. 

Gold  currency. — Ducats  of  94  skill 
species. 

Silver  currency. — 4>  i>  h  ^^^  -12 
dollar. 

Copper  currency. — Slanden  of  6,  3, 
1  and  I  rundstiick. 

Weights  and  Measures. 
Long  Measure. 
100    feet  or    fod    =    97-410    English 
feet. 

100  ells  or  aln  =  64-940  English 
yards. 

1  fod  =  12  turn  of  12  linier ;  1  aln 
=  2  fod. 

Liquid  Measure. 

100  kanna  =  57'603  English  imperial 
gallons. 

1  fuder  =  2  pipes  :=  2  oxhufvad  = 
6  am. 

1  am  :=12  ambare  =:  42  ankarn  = 
360  kanna. 

Dry  Measure, 

1  tunna  ^=  0-567  English  imperial 
quarters. 

1  tunna  =  2  spann  ;  1  spann  =  4 
fjerdingar  of  16  kappar,  or  56  kannor. 

Weights. 

100  lbs.  =  93-770  English  avoir- 
dupois lbs. 


1  centner  =  120  lbs. ;  1  skeppund  = 
20  liespund  of  20  pund  or  400  pund 
=  1  pund  =  32  lod. 


TURKEY. 
18  paras  =z  Id. 
5|  piastres  =  Is. 
109  piastres  =  11. 

Silver  currency. — Beschliks  of  5  and  10 
piastres,  piastre  pieces,  and  para  pieces. 

Weights    and  Measures. 
Long  Measure. 
1    halebi    or    arschin    =:    27  English 
inches. 

Dry  Measure. 

100  kisloz  =  11-4   imperial  quarters, 
8i  kisloz  =.  1  imperial  quarter. 
1  fortin  zz  4  kisloz. 

Fluid  Measure. 
100  almud  =115  English  gallons. 
1  almud  =  8  okka. 

Weights. 
90  rotoli  =  112  lbs.  English,  or  1  cwt. 
100  okka  =  282-28  lbs.  avoirdupois. 
1  okka  =  4  cheks  =  400  drams. 
1  cantar  =  44  okka,  or  100  rotoli. 


UNITED  STATES, 

2  cents,  rr  Id. 

24     „       =  Is. 

4  dollars  80  cents,  =  1/. 

Gold  currency. — Eagles  of  1  dollar 
=  100  cents.  ;  20,  10,  5,  2|,  1  and  ^ 
dollar  pieces. 

Silver  currency. — Dollars,  |  and  I 
ditto  ;    10  and  5  cent  pieces. 

Copper  currency,  —  Cents.,  and  -J 
ditto. 

The  Weights  and  Measures  are  the 
same  as  the  English. 


560  ADDENDA. 


ADDENDA. 


Home-office,  Whitehall,  August  1st,  1847. 

Regulations  by  the  Secretary  of  State  with  reference  to  Certificates 
of  Naturalization,  in  pursuance  of  Statute  7  &  8  Vict.,  c.  66,  entitled 
"  An  Act  to  Amend  the  Laws  relating  to  Aliens." 

I.  Upon  an  application  to  the  Secretary  of  State  for  the  grant  of  a 
Certificate  of  Naturalization,  it  will  be  necessary  that  the  Applicant 
should  present  to  one  of  Her  Majesty's  Principal  Secretaries  of  State  a 
Memorial,  praying  for  such  grant,  stating  : 

Of  what  Friendly  State  he  is  a  Subject. 

His  Age,  Profession,  Trade,  or  other  Occupation. 

Whether  he  is  Married,  and  has  any  Children. 

Whether  he  has  any  settled  place  of  Residence,  and  where 
situated,  and  how  long  he  has  resided  within  the  Kingdom. 

Whether  he  intends  to  continue  to  reside  permanently  within 
the  United  Kingdom. 

On  what  grounds  he  seeks  to  obtain  the  Right  and  Capacities  of 
a  Natural-born  British  Subject. 

II.  That  the  Memorialist  should  make  a  Declaration  before  a  Magi- 
strate or  other  Person  authorised  to  take  such  Declaration,  verifying  the 
statements  in  his  Memorial. 

III.  That  a  Declaration  should  be  made  and  signed  by  Fom*  House- 
holders, at  least,  who  should  state  their  places  of  Residence  ;  vouching 
for  the  respectability  and  loyalty  of  the  Memorialist,  verifying  also  the 
several  particulars  stated  in  the  Memorial ;  and  that  this  Declaration 
should  be  made  in  due  form,  either  together  or  separately,  before  a 
Magistrate,  or  other  Person  authorised  by  law  to  receive  such  Declara- 
tion, in  pursuance  of  the  Act  passed  in  the  5th  and  6th  years  of  His 
late  Majesty  King  William  IV. 


INDEX. 


Abandonment,  307. 
Absence  from  post,  24. 
Abyssinia,  299. 
Accounts  Current,  16,  24,  35. 

forms  of,  29,  37,  87, 
100,  107,  115. 
wages  and  effects  of  deceased 

seamen,  36,  99,  101,  102. 
for    clothing    distressed    sub- 
jects, 36,  110. 
for    medical     assistance,    37, 

111. 
travelling    expenses    foi    dis- 
tressed     British     subjects, 
37,  112. 
of  postages,  37,  113. 
proceeds    of    sale    of    effects, 

etc.,  37,  114. 
instructions    concerning,    24, 

35,  87. 

of  wages  and  expenses  for 
seamen,  discharged  and  re- 
covered, 36,  100. 

expenses  incurred  by  Consul 
for  which   owner   is   liable, 

36,  107. 

expenses  incurred  in  the  sus- 
tenance of    distressed  sea- 
men, 108. 
Acre,  3. 
Actions,  limitation  of  in  Turkey,  134. 

in  China,  185,186, 
206. 
Acton  Burnet,  statute  of,  3. 
Acts,  Consular,  15. 

4 


Acts  of  Parliament — 

11  Ed.  I.,  15  Ed.  I.,  3. 
6  Anne,  c.  17,  176. 

6  Geo.  IV.,  c.  33,  124. 

6  Geo.  IV.,  c.  78,  396. 

6  Geo.  IV.,  c.  87,  281. 

3  &  4  Wm.  IV.,  c.  93,  177,  181,  182. 

6  &  7  Vict.,  c.  80,  177, 181,  204. 

6  &  7  Vict,  c.  94,  124,  130, 

12  &  13  Vict,  e.  68,  383. 
15  Vict.,,  c.  26,491. 

17  &  18  Vict,  c.  104,  37. 

17  &  18  Vict.,  c.   120,  38. 

18  &  19  Vict,  c.  42,  392. 
18  &  19  Vict,  c.  3,  394. 

18  &  19  Vict,   c.  104,  181,  267. 
Adair,  Robert,  123. 
Aden,  508.  ^ 

Adjudication  in  disputes,  7,  308. 

in  China,  180. 

Administration  of  justice  in  Turkey,  137. 

in  China,  179,   233. 

Admiralty    Court ;    claim     for    seamen 

having  volunteered   into  navy,  forms 

of,  488. 

Advice  and  assistance  to  British  subjects, 

18. 
Affidavits,  9,  308. 
Affirmations,  349. 

African  States  (West),  509,  537,  542, 
Agreement,  attestation,  etc,  of,  36,  96,- 
with  seamen,  32,  53,  96. 
foreign  going  ship,  formula 
of,  450, 
Agricultural  implements,  9, 
C 


562 


INDEX. 


Alexandria,    trade  with,   etc.,   122,  1(30, 

168. 
Algiers,  166,  296,  354,  514,  537,  542. 
Aliens,  308. 

Aleppo,  trade  with,  etc.,  122,  159,  167. 
Allotment  note,  seaman's,  form  of,  449. 
Almoria,  3. 
Amalfi,  laws  of,  2. 
Ambassadors,  9,  310. 

allowance   of    servants   in 
Ottoman  dominions,  168. 
America,  7,  310  {vide  United  States). 
Amnest}'. — To  Chinese,  193. 
Araoy,  176,  302. 

currency  at,  181,  242. 
regulations  at,  181,  245. 
Anchorage,  rate  of,   in    Ottoman   domi- 
nions, 170. 
regulations  in  China,  259. 
Ancona,  158. 
Anne,  Queen,  122. 
Annual  returns  of  trade,  20. 
Apprentices,  forms  of  indenture,  452. 

{vide  Seamen). 
Arrival  of  ship,  duties  on,  32,  51. 
Arts,  9. 
Assessors,    selection     of,    for    Consular 

courts,  147. 
Assistance  to  British  subjects,  18. 
Attestation,  21,  36,  96,  311. 
Attorney,  power  of,  forms,  9,  420. 
Audience  w'ith  foreign  minister,  9. 
Austria,  7,  297,  492,  515,  542,  548. 
Average,  311. 

Baden,  516. 

Barbary,  122,  160,  163,  166. 

Barcelona,  2. 

Barratry,  314. 

Bavaria,  7,  516,  548. 

Beacons,  9. 

Belgium,  7,  295,  402,  516,  538,  542,  547, 

519. 
Bengal,  549. 
Benoit  Justianini,  3. 
Bequests,  {t;ide  Wills). 


Bight  of  Benin  and  Biafra,  301. 

Bill,  on  Board  of  Trade,  form  of,  37, 116. 

Bills,  protests  of,  431. 

instructions  for  drawing,  etc,  24. 

of  lading,  315.  • 

Act,  394. 

forms  of,  447. 
Births  and  deaths  at  sea,  315. 
Blockade,  315. 
Bolivia,  300,  516,  538,  542. 
Bore!,  4,  5. 
Borneo,  301,  516,  542. 
Bottomry,  316. 

bond,  forms  of,  438,  4^0, 
Bowring,  Sir  John,  ISO. 
British  vessel,  {vide  Ships), 
ships,  {vide  Ships). 
Brazil,   276,   300,   308,   335,   354,   382, 

517,  538,  542,  549. 
Bremen,  {vide  Hanseatic  States.) 
Brunswick,  547,  550. 
Buenos  Ayres,  300,  518,  538,  542. 
Buoys,  9. 
Burial  grounds,  287. 


CafFa,  putting  into,  and  trade  there,  160. 
Calumniation,    in   Ottoman   dominions, 

154. 
Calcutta,  550. 
Candia,  3. 

Canton,  176—267,  302. 
Capture,  317. 
Carthaginians,  2. 
Catalonia,  158. 

Censio  de  Menesava  Lesques,  3. 
Certificates,  21. 

forms  of  different,  36,  97. 

of  origin,  etc.,  forms,  445. 

of  registry,  provisional,  93. 

of  mortgage,  32,  48. 

to  be  indorsed  on  agree- 
ment, in  case  of  dis- 
charge of  seaiTien,  36,  97. 

ditto,  in  case  of  desertion, 
36,  97. 


INDEX. 


563 


Ceitilicates  of  discharge  of  seamen,  36, 

98. 
Chaplains  and  churches,  285. 
Charter  Party,  333. 

form  of,  448. 
Chile,  300,  518,  542,  551. 
China,  10,  176—275,  551. 

papers  relating  to,  List  of,  181. 
Superintendent  of  Trade  Courts 
Consular,   and   Consuls  privi- 
leges, vide  Separate  heading. 
Administration    of    justice     in, 

179,  233,  237. 
British  jurisdiction  in, 220  to  275. 

small  craft,  211. 
civil   jurisdiction    in,    18G,    209. 

229,  237,  255. 
criminal  jurisdiction  in,  209,  220, 

229,  237,  255. 
crimes  in,  180,  209. 
cruisers,  177,  203,  209. 
general     regulations  of  trade  in, 
178,  182,  192,  199,  208. 
of  anchorage  in,  259. 
hiring  of  houses  in,  178,  208. 
passenger  ships,  267. 
pilotage  in,  177,  261. 
tariff   of    duties,    177,   193,    195, 

207,  210. 
transit  dues,  194. 
treaties     with,     176,     191,     207, 

(vide  Treaties), 
subordinate  Consular  officer,  177, 

203. 
disputes,  177,  203. 
Chinese,  correspondence  with,  194. 
Chusan,  return  of,  178,  210. 
Civil  suits  in  China,  220,  257. 

Ottoman  dominions,  136,  149. 
return,  form  of,  150. 
Claim,  wages,    and    effects  of  deceased 

seamen,  forms  of,  458. 
Claims,  8. 

Coasting  trade,  380,  500. 
Cognizance,    general,     by     Consuls    of 
masters  and  crew,  32,  51. 


Colours  and  salutes  (vide  Flags),  326 
Columbia,  382. 
Commerce,  9,  17. 
Commercial  instructions,  17. 
reports,  19. 

dealings  in  China,  177,  200,  208. 
disputes,  8. 

treaties  (vide  Treaties). 
Comoro  islands,  301. 
Concealment   of   national  character   of 

British  sliips,  31. 
Consolato  del  Mare,  2. 
Constantinople  {vide  Turkey). 
Consulage,  in  Ottoman  dominions,  159, 

161. 
Consular  agents  in  China,  180,  265. 

convention     between      France 

and  the  United  States,  10. 
acts  and  fees,  15,  278. 
officers,  subordinate,  in  China, 
177,203. 
Consules    marinariorum     et    mercato- 

rum,   1. 
Consuls,  appointment    and   duties  of,  in 
China,    176,    181,  192,  218, 
225,  229,  252. 
Ottoman  dominions,  123,  155, 

156,  161,  173. 
derivation  of,  1. 
first,  appointed  from  England,3. 
ought  not  to  trade,  5. 

to    be    a    subject    of  the 
State,  4. 
salaries  of,  23,  296. 
appointment  and  privileges  of 
by  Treaties,  276,  537. 
African  States  (West),  537. 
Algiers,  537. 
Belgium,  538. 
Bolivia,  538. 
Brazil,  538. 
Buenos  Ayres,  538. 
Costa  Rica,  539. 
Denmark,  539. 
Dominica,  539. 
Equator,  539. 


564 


INDEX. 


Consuls,  Guatemala,  539. 
Greece,  539. 
Liberia,  539. 
Mexico,  539. 
Morocco,  539. 
Muscat,  539. 
Paraguay,  540. 
Peru,  540. 
Portugal,  540. 
Sandwich  Islands,  540. 
Sardinia,  541. 
Spain,  541. 
Texas,  541. 
Tripoli,  541. 
Tunis,  541. 
United  States,  541. 
Uruguay,  542. 
Venezuela,  542. 
Contingencies,  consular,  301. 
Contraband  of  war,  334. 
Conventions,  (vide  Treaties). 
Conviction   in  Ottoman  dominions,  175. 
Convicts,  disposal  of,  133. 
Convoy,  334. 
Copyright,    international,    countries   to 

which  same  is  extended  to,  547. 
Corn,  return  of,  20. 
Correspondence,  consular,  16,  35,  87. 
public  and  private,  18. 
forms  to  be  observed  in,  24. 
Corsairs  of  Tunis  and  Barbary,  163. 
Costa  Rica,  299,  355,  518,  539,  543. 
Courts,   consular,    in   China,   179,   231, 

262. 
in  Turkey  and  Levant,  131,  141, 
146,  174. 
costs  of,  135. 

of  justice  in  China,  181,  185,  220. 
transferment  to  Hong 
Kong,  181,  189. 
naval,  34. 
Credit  in  Ottoman  dominions,  154. 
Crimes,  on  high  seas,  and  abroad,  9,  34. 

77. 
Criminals,    power    to  send  home,    131, 
133,  137,  143,  147. 


Criminals,  arrest  of  fugitive,  547. 

Criminal  jurisdiction  in  China,  209,  219, 

220,  229,  237,  252,  255. 

in  Levant  and  Turkey,  131, 

to  176. 

register  of,  in  ditto,  137. 

Cruisers,  Government  British  in  China, 

177,  203,  209. 
Currency, in  China,  242. 

{vide  Weiglits,  Moneys,  Measures). 
Customs,  {vide  Duties). 
Custom  House  Guards  in  China,   177, 

200. 
Custody  of  offenders  in  China,  264. 

Dardanelles,  ships  of  war  not  to  enter, 

173. 
Deaths  at  sea,  315. 

Debts,    recovery    of,   etc.     in    Ottoman 
dominions,  122, 154,  167, 170. 
ditto  in  China,  178,  208,211. 
De  Cussy,  5. 
Demosthenes,  3. 
Demurrage,  341. 

forms  of  protests  for,  436. 
Denmark,  7,   295,  335,  348,  354,    382, 

492,  518,  539,  543,  551. 
Deserters  Act,  Foreign,  7,  342,  491. 

list  of   countries  same  is  ex- 
tended to,  by  order  in  council, 
7,  492. 
Deserters,  34,  69,  97,  342,  498. 
Detention  of  ships,  35,  90. 
Deviation  of  voyage,  342. 
Disbursements,  25. 
Discipline,  33,  69,  483. 
Disputes,  commercial,  8. 

in  China,  177,  203. 
in  Ottoman  dominions,  155. 
Disqualifications  of  a  Consul,  4. 
Distressed  British  subjects,  21, 108. 
form  of  return  of,  30. 
seamen,  order  for  conveyance 
of,  36, 104. 
not  to  be  left  in  China,  240. 
Dominica,  520,  539,  543. 


INDEX. 


565 


Dragomen  for  Consuls,  173. 
Duties,  general,  of  a  Consul,  8. 

(vide  Instructions). 
Duties,  customs  in  Ottoman  Dominions, 
156,  158,161,163,  165,  170,  172. 
in  China,  177,  181,  193,  195,  201, 
207,  210. 

East  India  Company,  176,  182, 
East  Indies,  552. 
Edward  IV.,  4. 
Egypt,  298,  552. 
Egyptians,  2. 

England,  2,  7.  [232. 

Enrolment  of  British  subjects  in  China, 
in  Turkey,  144. 
Ensign  and  colour,  36. 
Equator,  300,  520,  539,  543. 
Estate  of  deceased  seamen,  33,  65. 

subjects  in    Ottoman 

dominions,  157. 
interpreter    in    ditto, 

161. 
deceased  British  sub- 
jects, 354. 
Evidence,  in  Consular  Courts  in  China, 

262. 
Levant  and   Turkey,  132, 
148. 
Examination  of    goods  in   China,    177, 

201. 
Exemption,    from   tribute  in    Ottoman 

dominions,  154. 
Exequatur,  8,  15,276. 
Exportation,  prohibition  of,  9,  17. 

from  Ottoman  dominions, 
157,  164, 

Fees  and  remuneration,  15,  35,  89,  278. 

table  of,  37,  119. 

annual  statement  of,  37,  121. 
Fines,  in  Levant  and  Turkey,  148. 
Flag,  merchant,  21,  36. 

pilot,  21,  36. 

to  be  carried,  by  British  ships,  31, 
43,  336. 


Flemish   merchants,  disputes  in   Otto- 
man dominions,  158, 

Florence,  2,  158. 

Foo-chow-foo,  176,  199,  207,  302. 

Formula  of  treaties  of  commerce,  493. 

Forms,  consular,  36,  93,  419. 

in  official  correspondence,  24. 

Fortresses,  delivery  to  Sultan,  172. 

France,  2,  7,  152,   276,    295,  310,   335, 
348,  382,  492,  520,  543,  547,  552. 

consular       convention       with 
United  States,  10. 

Frankfort,  295,  520,  553. 

Freedom,  in  Ottoman  dominions,  154. 

Freight,  342. 

Galata,  164,  169. 
General  average,  311. 

form  of  statement,313. 
instructions,  {vide  Instructions). 
Genoa,  2,  3, 

George  III,  and  IV,,  123, 
Georgia,  171. 
Georgian  Islands,  300, 
Germany  (general),  543. 
God,  the  act  of,  343, 
Goths,  west,  2. 
Goods,  forcible   seizure  of,  in   Ottoman 

dominions,  165. 
Grain,  return  of,  20, 
Greece,  122,  297,   382,   520,   539,  543, 

553. 
Grecians,  2, 
Guatemala,  299,  355,  521,  539.       ' 

Hamburg,  {vide  Hanseatic  States). 
Hanover,  492,  521,  543,  547,  553, 
Hanseatic  States,  2,  7,  295,  492,   517, 
521,  542,  543,  547,  550,  554. 
League,  3. 
Hayti,  299,  543,  554. 
Health,  bills  of,  forms,  444. 
Henry  IV,  and  VIII.,  4. 
Hesse  Cassel  and  Darmstadt,  521. 
High  seas,  343. 
Holland,  7,  10,  295,  335,  534. 


5G6 


INDEX. 


Honduras,  299. 

lloiig  Kong,  cession  of,  177,  192. 

merchants,    dealings    with, 
192. 

salaries  at,  302. 

Supreme  Court  of,  179,  220. 
Hong  Kong,  transferment  of  Court    of 

Justice,  181,  189. 
Houses   in  China,   rent  and  hiring  of, 
178,  208. 

Illegal  voyages,  343. 
Immunities,  consular,  277. 
Importation,  prohibition  of,  9,  17. 
Imprisonment,   in  Ottoman   dominions, 
148,  157. 
in  China,  232. 
foreign  ports,  34,  70. 
Indemnification    of    expenses     of     war 
with  China,  193. 
in  Turkey,  163. 
Indentures,  forms  of  apprentices',  452. 
Instructions,    general,    issued    by     the 
Foreign  Office,  15. 
commercial,  17. 
on    matters   affecting  the 

mercantile  marine,  31. 
repealed,  31,  38,  92. 
on  accounts,    24,  35,  87. 
relief  of  British  subjects, 

26. 
explanation  of,  31,  38. 
miscellaneous,  24,  35,  90. 
Insurance,  marine,  343. 

form  of  policy  of,  446. 
Interference     of      foreign      courts     of 

justice,  34,  70. 
Interpreters,  privileges  of,  in  Ottoman 

dominions,  161,  168. 
Ionian  subjects,  148. 
States,  22,  500. 

James  II.,  122. 
James  I.,  124. 
Japan,  521. 
Johanna,  543. 


Judicium  mercatorum  et  maritimum,  2. 
Julius  Caesar,  1. 
Jurisdiction,  consular,  276. 

in  China,  176—275. 
Levant,  122 — 176. 
in  criminal  cases,  124, 138, 
175,  209,  229,  237,  255. 
Justinian,  1,  2. 

code  of,  2. 

Koolangsoo,  return    of  to  China,    178, 

210. 

Languages,  6,  17. 
Latin,  6. 

Law,    British,  extension    of,  in    China, 
220. 

of  nations,  7. 

suits  in  Ottoman  dominions,  143, 
156,  161. 
Leeward  Islands,  300. 
Legacies,  (vide  Wills). 
Levant,  consular  duties,  etc.,  10,  122. 
Company,  124. 

Act  relating  to,  125. 
papers    relating     to      consular 
jurisdiction  in,  122. 
Lex  Rhodia,  2. 
Liberia,  301,  521,  539,  543. 
Lien,  maritime,  343. 
Lighters  in  China,  177,  202. 
Lighthouses,  9. 
List  of  consular  salaries,  294. 
Litigations  in  Ottoman  dominions,  155. 
Lloyd's  agency,  18. 
Log-book,  form  of,  official,  etc.,  473. 
Lubeck,  {vide  Hanseatic  States). 
Lucius  Junius  Brutus,  1. 

Madagascar,  544. 
Magna  Charta,  3. 
Majorca,  2,  3. 
Malta,  310. 

a    place    of   trial     for   oflences, 
145,  147. 
Manifest,  344. 


INDEX. 


567 


Manifest,  form  of,  445. 
Manslaughter    in    Ottoman   dominions, 
143,  160. 
China,  230. 
Manufactures,  9. 

Marriages,    Act .  for    solemnization    of, 
7,  383. 

duties  consular,  9,  344. 
Marseilles,  3. 
Martens,  5. 

Mastaria,  receipt  of,  164, 
Masters  and  seamen.  Consuls'  duties  in 
respect  to,  32,  50. 
misconduct    of,   36,    91,    (vide 
Seamen.) 
Mauritius,  trade  with,  21. 
Measures,  weights,  and  moneys,  548. 
Mecklenburg  Schwerin,  492. 
Medals,  foreign,  351. 
Medicines,  scale  of,  for  passenger  ships 
in  China,  273. 
scale  issued  by  the  Board  of 
Trade,  344. 
Mediterranean  passes,  (vide  Passes). 
Memphis,  temple  of,  3, 
Merchant  seamen,  {vide  Seamen). 
Messina,  2. 

Mexico,  276,  299,  522,  544. 
Miltitz,  4. 
Misconduct  of  masters,  91. 

seamen,  (vide  Seamen). 
Modena  and  Lucca,  2. 
Molestation,  non,  by  the  Ottoman  fleet, 

166. 
of  trade  in  Turkey,  170. 
Moneys,       weights,      measures      (vide 

Weights). 
Monte  Video,  300. 
Morea,  3 
Morocco,  276,  298,  308,   354,  382,  522, 

5S9. 
Mortgages  of  ships,  32,  45,  239. 

entry  of  discharge  of,  36,  94. 
Mosquito,  299. 

Murder,  criminals  charged  with,  147. 
Muscat,  308,  354,  523,  539,  544. 


Muster-roll,  347. 
Mutinous  seamen,  24. 

Naples,  7  (vide  Sicilies). 
Naturalization,  regulations  for,  in  Eng- 
land, 560. 
Naval  courts,  34,  71. 
Navigation,  9,  17. 

steam,  9. 
Navigators'  Islands,"  301. 
Navy,  British,  21. 

seamen  entering  into, 488. 
Netherlands,  295,  348,  (vide   Holland,) 

492,  524,  544. 
Neutrals,  rights  of,  etc.,  347. 
Neumann,  Professor,  5. 
New  Grenada,  299,  524,  544. 
Nicaragua,  299. 
Ningpo,  176—276,  303. 
Norway,  7,  295,  555. 
Notarial  acts,  10,  293. 

Act    of    Parliament    allowing 

Consuls  to  do,  392. 
precedents,  7,  419. 
Notices  of  lights,  91. 
Numbers  of  ships,  36,  91. 

Oaths,  292,  349. 

act  for  administration  of,  abroad, 
392. 
Observance  of  Treaties,  155,  214,  225. 
Offences  on  high  seas,  9. 

on  board  ships  in  foreign  coun- 
tries, 9. 
in  Ottoman  dominions,  154, 174. 
in  China,  178,  179,  187,  232. 
punishable   both  by  local  and 
by  British  law,  34,  70. 
Offenders,  custody  of,  in  China,  180,  232, 

264. 
to  be  sent  to  nearest  British 
station,  9. 
Oleron,  laws  of,  2. 
Oldenburgh,  492,  524,  544,  547. 
Order  for  conveyance  of  distressed  sea- 
men, 36,  104. 


568 


INDEX. 


Older,  maintenance  of,  in  China,  180. 

regulations    for  maintenance    of, 
on  board  ships,  483. 
Orders,  foreign,  350. 
Origin,  certificate  form  of,  44'5. 
Ostsee,  case  of  the,  318. 
Ottoman  dominions,  duties  in,  122 

privileges,   122,  152,  151',   156, 

159,  161,  166. 
wrecks  in,  "122,  153. 
slaves,  122,  154. 
appointment    of    Consuls    in, 

123,  155,  15G.  161,  173. 
privileges  of  Consuls,  156,  174. 
tariff    duties,    123,    156,   157, 

159,  163,  166,  168,  172. 
papers  relating  to,  124. 
jurisdiction  in,  l'2i — 176. 
trial  and  punishment  of  crimes 

in,  132,  146,  174. 
disposal  of   criminals  in,  137, 

175. 
jurisdiction   in  criminal   cases, 

138,  145,  174. 
jurisdiction  in  civil  cases,  136. 
return  of  civil  suits,  150. 
treaties  with,   152. 
debts,  recovery  of,  in,  154,  167. 
transactions  in,  154. 
offences  in,  137,  154. 
suits  and  litigations,  155,  156, 

158, 170. 
piracy    and    plunder    in,    155, 

163,   165. 
estate  of  deceased  subjects  in, 

157,  161,  168. 
anchorage  duty  in,  170. 
maintenance  of  order  in,  174. 
money s,weigl)ts, measures,  559. 
Ownership  of  British  ships,  31,  38. 
Owners  of,  325. 

Papal  States,  {vide  Rome). 
Papers,  official  of  each  state,  7. 

relating  to  consular  jurisdiction 
in  Levant  and  Turkey,  124. 


Papers,  ditto  in  China,  181. 
Paraguay,  524,  540. 
Pardessus,  5. 
Particular  average,  313, 
Passengers  Turkish,  160. 
Passengers'  ships,  35,  90. 

in  China,  267. 
Passes,  Mediterranean,  21. 
in  China,  211. 
in  Ottoman  dominions,  173. 
Passports,  9,  23. 

forms  of,  442. 
vise  to,  442. 
Penalties,  in  China,  208. 
Persia,  159,  171,  299,  524. 
Persian  Gulf,  544. 
Peru,  300,  354,  525,  540. 
Phoenicians,  2. 
Piantanida,  2. 

Piedmont  {vide  Sardinia),  555. 
Pilot  flag,  21,  36. 
Pilotage  in  China,  rates  of,  261. 
Pilots  in  ditto,  177,  180, 199 
Piracy,  36,  91,  353. 
Pisa,  1,  3,  4,  6. 
Pisonem,  oratio  in,  8. 
Pistoja,  2. 
Plunder  by  corsairs  of  Tunis,  Barbary, 

163. 
Poland,  152. 
Police  report  in  Levant,  148. 

laws,  local,  and  regulations,  34,  70, 
Policy  of  insurance,  form  of,  446. 
Polynesian  Islands,  300, 
Port  regulations  at  Shanghai,  250. 
Portugal,    7,    158,   276,   296,  310,  335, 

348,  355,  382,  525,  540,  544,  556. 
Power  of  master  to  sell  ships,  36,  91. 
Powers  of  attorney,  9. 

form  of,  420, 
Precedence,  between  Consuls  and  naval 

officers,  21, 
Prisoners,  9. 
Privateers,  9. 
Privileges,  consular,  15,  276. 

in  China,    176—276. 


INDEX. 


569 


Privileges,  consular,  in  Ottoman  donii- 
nions,    122  to  176. 

(vide  Treaties). 
Privy  Council,  353. 
Prizes  of  war,  353. 
Property,  detention  of,  168. 

of     British    subjects     dying 
abroad,  354. 
Protests,  9. 

forms  of,  431. 
Protection  on  board  British  ships,  19. 
Provisions,  survey  of,  9. 

supply  of,  153. 
Proxene,  2. 

Prussia,  7,  295,  492,  529,  545,  547,  556. 
Punishment  of  seamen,  etc.,  476. 

crimes  in   Turkey,  141, 
146,  175. 
in  China,  209—255. 
Purchases  of  ships  at  foreign  ports,  32, 

45. 
in   Ottoman  dominions,  154, 
170. 

Qualifications  of  a  Consul,  4,  6. 

Quarantine,  20,  355,  396. 

Quarterly  returns  of  corn  and  grain,  20. 

Rank,  consular,  278. 

Receipt,  form  of,  for  effects  of  deceased 

seamen,  457. 
Reciprocity,  380,  493,  499,  501. 
Registration     of     British    subjects    in 
China,  179. 
Registry  and  certificates  of  ditto,  31,  36, 

40,  93. 
book,  36,  95. 
distressed     seamen,     36,     108, 

109. 
police  in  China,  232. 
of  ships  (vide  Ships). 
Regulations  at  Amoy,  243. 
Ningpo,  246. 
Shanghai,  250. 
general,     of     trade      in 
China  (vide  Trade.) 


Release  of  British  subjects  in'China,193. 
of   seamen  at  termination  of  a 
voyage,  456. 
Relief  of  British  subjects,  26. 

(Instructions  relating  thereto), 
of  distressed  seamen,  33. 
Reporting  ships  in  China,  177,  200. 
Reports,  commercial,  19. 

of  numbers  of  ships,  and   cer- 
tificates    of     masters     and 
mates,  36,  91. 
Respondentia,  381. 

form  of  bond,  439. 
Returns  of  trade,  annual,  20. 
^  quarterly  of  corn  and 

grain,  20. 
of  civil  suits,  150,  151. 
of  appeals,  151. 
of    distressed    Bjitish  subjects 
relieved,  30. 
Reuss-Greitz,  Schleitz-Lobenstein,  and 

Ebersdorf,  529. 
Richard  III.,  6. 
Rio  do  la  Plate,  276. 
Roman  empire,  republic,  1,  2,  122. 

states,  297. 
Rome,  2,  3,  529,  555. 
Russia,  7,  159,  276,  294,  309,  335,  348, 

382,  492,  529,  545,  557. 
Rymer,  Tliom.,  ?oed.  et  Act.,  6. 

St.  Domingo,  299. 

Salary    and    emoluments,   consular,   23, 

278,  294. 
Sales  of  ships,  32,45,  239. 

ill  Turkey,  154. 
Salutes  and  colours  (vide  Flag). 
Salvage,  35,  83. 

form  of  security  for,  37,  116. 
Sanction  of  engagement  of  seamen,  36, 

96. 
Sandwich  Islands,  300,  530,  540. 
Sardinia,  7,  296,  382,  492,  530,  541,  545. 
Saxohy,  295,  545,  557. 
Saxe-Weimar  and   German   States,  295, 

530,  545,  547,  557. 
D 


570 


INDEX. 


Scanderoon,  160. 

Sciences,  9. 

Scio,  122. 

Seal  and  signature  official,  19. 

Seamen,  32,  50. 

agreements  with,  32,  53. 
deceased,  effects   and  wages  of, 

33,  65,  458. 
account  of,  99,  101,  102. 
destitute  in  China.  179. 
distressed,  33,  58. 

order  for  conveyance 
of  home,  lOi. 
discharge  of,  32,  53,  97,  98. 
left  abroad,  32,  53. 
sending    distressed  home,    33, 

63. 
discipline  of,  33,  69,  483. 

regulations  for,  483. 
desertion  of,  34, 69, 97, 342, 498. 
offences  by,  474. 
British,     serving     on      board 

foreign  ships,  34,  71. 
engagement  of,  sanction  of,  96. 
certificates    of   discharge,    de- 
sertion, etc.,  97,  98. 
account    of,     discharged    and 

recovered,  100. 
deceased,  effects  of,  document 
to   be   sent  to  shipping  mas- 
ter, 36,  106. 
distressed,  register  book  of,  108. 
account     of,      ex- 
penses for,  108. 
shipwrecked,  form  to  be  used 
for,  485. 
Security,  form  of,  for  salvage,  37,  116. 
in  China,  177,  204. 
in  Turkey,  154. 
Senna,  530. 
Servants,  allowance   to  ambassador's  in 

Turkey,  173. 
Shanghai,  176—275,  303. 
Sherboro'  River,  201. 
Ships,  British,  31. 

ownership  of,  31,  38. 


Ships,  registry  and  certificates  of,  31,  40. 
flags  to  be  carried  by,  31,  43. 
sinmlation    and    concealment   of 

national  character  of,  31,  44. 
purchases,  mortgages,    and  sales, 

at  foreign  ports,  32,  45. 
documents     to     be    delivered    to 

Consul  on  arrival,  32,  51. 
steps  to  be  taken  on  arrival  of,  32. 
passenger,  35,  90. 
detention    of    ships    by    foreign 

authorities,  35,  90. 
power  of  master  to  sell  a  ship, 
36,  91. 
Shipwreck,  8,  153,  {vide  Wreck). 
Sicilies,  158,   297,  382,  492,531,  545, 

558. 
Signature,  official,  and  seal,  19. 
Simulation  and  concealment  of  national 

character  of  ship,  31,  44. 
Slave  trade,  22,  154,  381. 

Treaties  with  foreign  conn- 
tries,  list  of,  542. 
list  of  Acts  relating  to,  546. 
Society  Islands,  300. 
Spain,   7,  158,  276,  296,  300,  335,  348, 

354,  382,  531,  541,  545,  558. 
Spartans,  2. 

Strozzi,  Leonardo,  3,  6. 
Subsistence  list,  36,  108, 
Superintendent  of  trade  in  China,  176, 
177,  179,  180,  184. 
not  to  trade,  185. 
appointment      of,     and 
duties,  192,  204. 
Surveys,  order  of,  forms,  443. 
Sweden,    7,   295,   310,    335,  532,  545, 

559. 
Switzerland,  296. 

Tarquinius  Collatinus,  1. 
Tescar£>,  receiving  of,  163,  167. 
Texas,  382,  534,  541,  545. 
Tliuringian  Union,  states  of,  547. 
Tobacco,  illegal  importation  of,  24. 
Toleration  in  China,  179. 


INDEX. 


571 


Tonnage  dues  in  China,  177,  185,  201. 
Trade,  liberty  of,  in  Turkey,  153,  154, 
156,  159,  162,  171. 
in  China,  192. 
regulations    of,    in    China,    178, 

182,  192,  199,  208. 
at  Ningpo,  249. 
restrictions    of,    in    China,    179, 

190,  208,  221,238. 
returns  of,  20. 
Trans-shipment  in  China,  177,  202. 
Traffic  in  Turkey,  159. 
Trasi,  2. 
Treaties,  9,  276,  493. 

with  China,  176,  178,  191,  207. 
early,  relating  to  Consuls,  4. 
France  and  United  States,   10 
with  Turkey,  122,  152—171. 
relating  to  convoy,  334. 
adjudication  in  disputes,  308. 
contraband  of  war,  335. 
deserters,  344. 
neutrals,  348. 

estate  of  deceased  subjects,  354. 
shipwrecks,  382. 
slavery,  542. 
fugitive  criminals,  547. 
consular  privileges,  276,  537. 
international  copyright,  547. 
commerce  and  trade,  493. 
Treaties  of  commerce : 
formula  of,  493. 
Aden,  508. 

African  States  (West),  509. 
Algiers,  514. 
Austria,  515. 
Baden  and  Bavaria,  516. 
Belgium,  516. 
Bolivia,  516. 
Borneo,  516. 
Brazil,  517. 
Bremen,  517. 
Buenos  Ayres,  518. 
Chili,  518. 
Costa  Rica,  518. 
Denmark,  518. 


Treaties  of  Commerce  : 
Dominica,  520. 
Equator,  520. 
France,  520. 
Frankfort,  520. 
Greece,  520. 
Guatemala,  521. 
Hamburg,  521. 
Hanover,  521. 

Hesse  Cassel,  Hesse  Darmstadt,  521. 
Japan,  521. 
Liberia,  521. 
Lubeck,  522. 
Mexico,  522. 
Morocco,  522. 
Muscat,  523. 
Netherlands,  524. 
New  Grenada,  524. 

Oldenburg,  524. 

Paraguay,  524. 

Persia,  524, 

Peru,  525. 

Portugal,  525. 

Prussia,  529. 

Reuss    Greitz,    Reuss   Schleitz,    and 
Reuss  Lobenstein  and  Ebersdorf,529. 

Rome,  529. 

Russia,  529. 

Sandwich  Islands,  530. 

Sardinia,  530. 

Saxe-Weimar,  Eisenbach,  Saxe- 
Meiningen,  Saxe-Altenburg,  Saxe- 
Coburg  Gotha,  Saxony,  Schwartz- 
burg  -  Rudolstadt,  and  Sonders- 
hausen,530. 

Senna,  530. 

Sicilies,  531. 

Spain,  531. 

Sweden,  532. 

Texas,  534. 

Tripoli,  534. 

Tunis,  535. 

Tuscany,  535. 

United  States,  535. 

Uruguay,  536. 

Venezuela,  537. 


572 


INDEX. 


Treaties  of  Commerce  : 

Wurterahurg,  537. 
Tripoli,  122,    160,  276,   298,  308,   335 

382,  534,  541. 
Tunis,  163,    166,    276,   298,   308,  382, 

535,  541,  545. 
Turkey,    (vide    Levant    and     Ottoman 

dominions),  7,  559. 
Tuscany,  297,  535,  545. 
Tyrians,  2. 

United  States,  10,  276,   299,  382,  535, 

541,  545,  547,  559. 
Uruguay,  355,  536,  542,  545. 

Vattel,  4,  277. 

Venezuela,  300,  537,  542,  545. 

Venice,  2,  3,  4,  152. 

Vessel,  definition  of  a  British,  21,  239. 

Vice  Consuls,  23. 

disbursements  paid  to,  25. 
Victoria,  See  and  Bishop  of,  180. 
Vouchers  for  payments  by  a  master,  487. 

Wages  and  effects  of  deceased  seamen, 

33,  65. 
document  to  be  sent  to  shipping 

master,  106. 
receipt  for,  form  of,  457. 
forms  of  claims  for,  458. 
Warden,  5. 
Warranties,  381. 

Weights,  measures,  and  moneys,  548. 
Austria,  548. 
Bavaria,  548. 
Belgium,  549. 
Bengal,  549. 


Weights,  measures,  and  money  : 

Brazils,  549. 

Bremen,  550. 

Brunswick,  550. 

Calcutta,  550. 

Chili,  551. 

China,  177,202,551. 

Denmark,  551. 

East  Indies,  552. 

Egypt,  552. 

France,  552. 

Frankfort,  553. 

Greece,  553. 

Hanover,  553. 

Hanseatic  States, 554. 
*  Hayti,  554. 

Holland,  554. 

Norway,  555. 

Papal  States,  555. 

Piedmont,  555. 

Portugal,  556. 

Prussia,  556. 

Russia,  557. 

Saxony,  557. 

Two  Sicilies,  558. 

Spain,  558. 

Sweden,  559. 

Turkey,  559. 

United  States,  560. 
Wills,  forms  of,  421. 
Windward  Islands,  300. 
Wine,  manufacture  of,  in  Levant,  157. 
Witnesses  in  causes,  9,  34,  78. 
Wreck  salvage,  34,  35,  80,  122,  153,  382, 
498  {Vide  Shipwreck  and  Treaties). 
Ottoman  dominions,  122. 
Wiirtemburg,  537. 


ERRATA. 

Page  5  .  .     .   for  Newman  read  Neumann. 
„  279,  §  20,    „  Orders        „    Oaths. 


Printed  by  William  Tyler,  Bolt-court,  Fleet-street. 


A   CATALOGUE 

OF 

NEW  WORKS  IN  GENERAL  LITERATURE, 

rUDLlSHED  BY 

LONGMAN,  BROWN,  GREEN,  and  LONGMANS, 

39,  PATEENOSTEE  EOW,  LONDON. 


CLASSIFIED    INDE 


.grieulture    and    Rural 

Affairs.  Pages. 

B:.vldon  On  valuing  Eonts,  ftc.     -  4 

Caiid's  Letters  on  Agmultaie  -  5 

Cecil's  Stud   FJirm            -          -  -  6 

Loudon's  A ericultuie      -        -  -  13 

"          Selr'-lnstiuction       -  -  1» 

Low'K  Elements  of  Agriculture  -  14 

**       Domesticiited  Animals  -  14 

irts,    IVTanwf act-ares,    and 
Architecture. 

Arnolt  on  Veutihition   -          -         -  3 

Bourne    On  tlie  Screw  Propeller   -  4 

Br.inde's  Dictionary  of  Science, &c.  4 

"        Organic  Chemistrj'-        -  4 

Chevreul  on  Colour    -     -        -        -  6 

Cresv's  Civil  Engineering       -        -  6 

Eastlake  On  Oil  Painting      -        -  V 

Gwilt's  Encvclo.  of  Architecture  -  8 
Jameson' Sacred  &  Legendary  Ait  10,11 

"          Commonplace  Bonk      -  10 

Konig's  Picto  ial  Life  of  Lutlier    -  8 

Loudon's  Rural  Architecture         -  13 


s  Engineering   - 
A  rt  of  Perfumery      -     -     - 
■t  of  Horsemanship 


,  the  Ir 


,  Trade 


Moselev 
Piosse's 
Richard 
Scriveni 

Stark's  Printing     -        -         -         -  23 

1  Engine, bv  the  Artisan  Club  4 

Tate  on  Strength  of  Materials         -  21 

i's  Dictionary  of  Arts,  &c.          -  23 

iography. 

Arago's  Autobiography          -         -  23 

„        Lives  of  Scientific  Men    -  3 

Bodenstedt  and  Wagner's  Schamjl  23 

Buckingham's  (J.  s:)  Memoirs       -  5 

Bunsen's  llippolytus      -          -         -  5 

Clinton's   (Fynes)    Autobiography  6 

Cockayne's  Marshal  Tureune         -  23 

Deiini'stoun's  Strange*  Lumisden  7 

Forster's  De  Foe  and  Churchill      -  23 

Haydon's  Autobiography ,hy  Taylor  8 

Ha'yward's    hesterfield  and  Selwyn  23 

Holcroffs  Memoirs         -        -        -  23 

Holland's  (Lord)  Memoirs     -        -  9 

Lardner's  Cabinet  Cycloptrdia       -  13 

Maunder's  Biographical  Treasury-  15 

Memoir  of  the  Duke  of  Wellington  23 

Memoirs  of  James  Montgomery      -  lii 

Werivale's  Memoirs  of  Cicero          -  15 

Russell's  Memoirs  of  Moore  -        -  17 

Life  of  Lord  Wm.  Russell  19 

Southey's  Life  of  Wesley        -        -  21 
Life  and  Correspondence  21 

"           Select  Correspondence-  '-'l 

Sfepiien's Ecclesiastical  Biography  21 

Sydney  Smith's  Memoirs        -        -  20 

Taylor's  Loyola       -        -        -        -  21 

'■'        Wesley     -         -         -        -  21 

Toiynsend's  Eminent  Judges          -  £2 
■^Vatevton'K  Autobiography  &  Essays  22 

Wheeler's  Life  of  Herodotus          -  '24 

ioks  of  General  Utility. 

Acton'sCookery       -        -        -        -  3 

Black's  Treatise  on  Brewing-        -  4 

Cabinet  Gazetteer  -         ...  5 

Lawyer      -         -         -         -  S 

Cust's  Invalid's  Own  Book  6 

Gilharfs  Logic  for  the  Million      -  8 

Hints  on  Etiquette          -        -         .  9 

How  to  Nurse '^ick  Children  -        -  9 

Hudson'sExecutor's  Guide      -        -  10 

"      On  Making  Wills        -         -  10 

!T\esteyen"s  Domestic  Medicine       -  11 

Lardner's  Cabinet  Cyclopaedia       -  12 

IMMinidei's  Treasury  of  Knowledge  15 

Biographical  Treasury  15 

SciLntific  Treasury        -  15 

Treasury  of  History      -  15 

Natural'History    -         -  15 

Art  ofPeifumery     -     -     -  18 

Piscator's  Cookery  of  Fish      -        -  Is 

Pocket  and  the  Siud       .         -         -  8 

Pycroft's  English  Reading     -        -  18 


Richardson's  Art  of  Horsemanship  18 
Riddle's  Latin  Dictionaries     -     18&19 

Rogefs  English  Thesauius  -        -  1S» 

Rowion'i,  Debater  -        -        -         -  ID 

Short  Whist 20 

Thomson's  Interest  Tables    -         -  22 

Webster's  Domestic  Economy        -  24 

West  on  Children's  Diseases-        -  24 

WiUich's  Popular  Tables        -        -  24 

Wilmot's  Blackstone      -        -        -  "^4 

Botany  and  Gardening. 

Coniersations  on  Botany         -        -  6 

Hooker's  British  Flora    -         -         -  9 

"         Guide  to  Kew  Gardens   -  9 

"       Kew  Museum  -  9 

Lindley's  Introduction  to  Botany  13 

"          Theory  of  Horticulture  -  13 

Loudon's  Hortus  Britannicus         -  13 

Amateur  Gardemr         -  13 

Trees  and  Shrubs  -        -  13 

"          Ganiening      -         -        -  13 

"          Plants     -                  -         -  13 

Pereira's  Materia  Medica        -         ■  17 

Rivers's  Hose  Amateur's  Guide      -  19 

Wilson's  British  Mosses         -         -  24 

Chronology. 

Blair's  Chronological  Tables          -  4 

Brewers  Historical  Atlas      -     -     -  4 

Bunsen's  Ancient  Egypt"       -        -  S 

Haydn's  Beitson's  Index        -         -  9 

Jaquemet's  Chronology  -  -  11 
Johns  &  Nicolas' Calendar  of  Victory,ll 

Nicolas's  C:hronology  of  History  -  12 

Commerce  and  Mercantile 
Affairs. 

Francis  On  Life  Assurance    -        -  8 

Francis's  Stock  Exchange      -        -  8 

Lorimer's  Young  Mastei  Mariner  l:i 

Mac  Leod's  Barking  -  -  U 
M'Culloch'sCommerce&  Navigation  14 

Scrivenor  on  Iron  Trade          •        -  Itl 

Thomson's  Interest  Tables     -        -  '^2 

Tooke's  History  of  Pi  ices     -        -  22 

Criticism,     History,     and 
Memoirs. 

Austin's  Germany  -        -        -        -  3 

Blair's  Chron.  and  Histor.  Tables  -  4 

Brewer's  Historical  Atlas      -     -     -  4 

Bunsen's  Ancient  Eg>pt        -        -  5 

•'         Hijipolytus     -        -        -  6 

Burton's  History  of  Scotland          -  5 

Conybeare  and  Howson's  St.  Paul  6 

Eastlake's  History  of  cil  Pamtuig  7 

Erskine'a  History  of  India      -         -  7 

Francis's  Annals  of  Life  Assurance  8 

Gleig's  Leipsic  Campaign      -        -  '.^3 

Gurney's  Historical  Sketches  -  8 
Hamilton's  Essays  from  the   Edin- 

burgli  Review       -         -         -         -  8 

Ilaydon's  Autobiography, by  1  ajlor  h 

Holland's  (Lord)   Whig  Party       -  !) 

Jeflrey's(Lordj  Contributions  -  11 
Jolins  and  Nicholas's  Calendar  of 

Victory         -        -         -        -        -  II 

Kemble's  Anglo  Saxons                  -  1! 

Lardner's  CaliinetCyclopiedia      -  li 

Wacaulay's  Crit.  and  Hisl.  Essays  14 

"           History  ol  England      -  14 

"          Sjiieches       -         -         -  14 

Mackintosh's  Miscellaneous  Works  14 

"             History  of  England  -  14 

M'Culloch'sGeographicalDictionar)  14 

Martiiieau's  Church  History  -        -  15 

Maunder's  Treasury  of  History       -  15 

Memoir  of  the  Duke  of  Wellington  23 

Meri-.-ale's  History  of  Rome  ■        -  15 

"            RomaH  Kepublic-         -  16 

Milncr's  Church  Hisl.iry        -        -  16 

Moore's  (Thomas)  Memoirs, &c.    -  17 

'      ek  Literature                 -  17 


Raike 


nal 


Ranke's  Ferdinand  &  Maximilian  23 
Rich's  Comp.  to  Latin  Dictionary  18 
Riddle's  Latin  Dictionaries        1P&19 


Rogers' Essays  from  Edinb. Review, 
Roget's  English  Thesaurus    - 

Russell's  (Lady  Rachel)  Letters    -  : 

"         Life  of  Lord  W.  Russell  1 

St.  John's  Indian  Archipelago        -  ; 

Schmitz's  History  of  Greece           -  : 

Smith's  Sacred  Annals   -         ■         -  ! 

Soul  he) 's  Doctor  -        -        -       .  ; 

Stepl. en's  Ecclesiastical  Bio!    aphv  ! 

"     Lectures  on  French  H  slor'v  ! 

Sydney  Smith's  Works    -          .         ".  ; 

Select  Works          -  '. 

'*  Lectures 

*'             Memoirs        -        '  I 

Taylor's  Loyola      -         .        .        -  ; 

"         "Wesley     -         .        .        .  i 

Thirlwall's  History  of  Greece         -  ! 

Townsend's  State  trials         -        -  ; 

Turkey  and  Christendom       -        -  ! 

Turner's  Anglo-Saxons          -        -  5 

'*         Middle  Ages     -         -  5 

"        Sacred  Hist,  of  the  World  ; 

Whitelocke's  Swedish  Embassy      -  5 

Woods'  Crimean  Campaign   -        -  i 
young's  Christ  of  History     -        -2 

Geography  and  Atlases. 

Arrow-smith's  Geogr.  Diet,  of  Bible 
Brewer's  Historical  Atlas 
Butler's  Geography  and  Atlases    - 
Cabinet  Gazetteer  -         -        -        . 

Cornuall,  its  Mines,  &c.          -        -  i 

Durrieu's  Morocco          -         -        -  ^ 

Hughes's  Australian  Colonies        -  2 

Johnston's  General  Gazetteer         -  1 

Lewis's  English  Rivers           -         -  1 

M'Culli.ch's"'Geographical Dictionary  . 

"          Russia  and  Turkey     -  2 

Milner's  Baltic  Sea         -        -        -  i 

*'        Crimea     -        -        -        _  ] 

"        Russia       -        .        -        -  1 

Murrav's  Encvclo.  of  Geography   •  i 

Sharp's  British  Gazetteer                  -  1 

Wheeler's  Geography  of  Herodotus  2 

Juvenile  Books. 


Amy  Herbert  ----- 

Cleve  Hall        -        -         . 

Earl's  Daughter  (The)   - 

Experience  of  Life 

Gertrude  -         -  -         - 

Gilhart's  Logic  for  the  Young 

Howitt's  Boy's  Country  Bouii 

"        (Mary)Children*s  Year    - 
Katharine  Ashton  -        -        - 

I.aneton  Parsonage        -  -         - 

Mrs   Marcet'sConversations - 
Margaret  Percivwl    -        -         -         . 
Pycroft's  English  Beading      - 

Medicine  and  Surgery. 

Brodie's  Psychological  Inquiries  - 
Bull's  Hints  to  Wotliers - 

"      Management  of  Children     - 
Copland's  Dictionary  of  Medicine  - 
Cust's  Invalid's  Own  Book     - 
Holland's  Mental  Physiology 

'*        Medical  Notes  and  Reflect. 
Kow  to  Nurse  Sick  Children  - 
Ki'steveii's  Domestic  Medicine 
Latham  On  Diseases  of  the  Heart  - 
Pereiia  On  Food  and  Iliel 
Pereira's  Materia  Medica 
Recce's  Medical  Guide  - 
West  on  Diseases  of  Infancy  - 


Miscellaneous  and  General 
Literature. 

Austin's  Sketches  of  German  Life  4 

Carlisle's  Lectuvs  and  Addresses  23 

Defence  of  iWi/iseoyl'ai«j    .       -  7 

Eclipse  of  Faiih       -         -                  -  7 
Greg's    Essav-i    on    Political    and 

Social  Science      -        -         -        .  8 

Hassall  on  Adulteration  of  Food    -  8 

Haydn's  Book  of  Dignities              -  9 

Holland's  Mental  Physiology          -  9 

Hooker's  Kew  Guides     -        -        -  9- 


CLASSIFIED  INDEX. 


Pages. 

Howitt's  Rural  Life  of  England      -  10 
"         VisitstoRemarkableFlaceslO 

Jameson's  Cominonplace-Book      -  10 

Jertrey's  (Lord)  Contributions       -  11 

Last  of  the  Old  Squires           -         -  17 

Macauluy's  Cril.  and  Hist.  Essays  U 

*'          Speeches       -        -        -  14 

Mackintosli's  Miscellaneous  Works  14 

Memoirs  of  a  Maitre  d'Armes       -  23 

Maitland's  Church  in  the  Catacombs  14 

Martineau's  Miscellanies       -        -  15 

Pascal's  Works,  by  Pearce     -         -  17 

Printing:  Its  Origin,  &c.        -        *  23 

Pycroft's  Englisli  Heading     -        -  18 

Rich's  Comp.  to  Latin  Dictionary  18 
Riddle's  L.itin  Dictionaries   -     18  &  19 

Rowton's  Debater                   -        -  13 
Sea  ward's  Narrative  of  his  Shipwreck  19 

Sir  Roger  de  Coverley    -        -        -  20 

Sniitli's  (Rev.  Sydney)  Works         -  20 

Southey's  Common  .place  Books     -  21 

"         The  Doctor  &c.       -        -  21 

Souvestre's  Attic  Philosopher         -  23 

"  Confessions  of  a  Working  Man  23 

Spencer's  Psycliology    -        -        •  21 

Stephen's  Essays    -        -        -        -  21 

Stow's  Training  System          -        -  21 

Tagart  on  Locke's  Writings-         -  21 

Thomson's  Laws  of  Tliouylit         -  22 

Townsend's  State  Trials        -        -  22 

Willich's  Popular  Tables        -        -  24 
Yonge's  English-Greek  Lesic 


Latin  Cradus 
npt's  Latin  Grammar 


-  24 

-  24 


Natural  History  in  general. 

Callow's  Popular  Com  hology        -  6 
Ephemera  and  Y oung  ( )n  the  Salmon   7 

Gosse's  Nat.  Hist,  of  Jamaica        -  8 

Kemp's  Natural  liisl.  of  Creation  23 

Kirby  aud  Spence's  Entomologj     -  11 

Lee's  Elements  of  Natural  History  11 

Mann  on  Repioduction          -        -  14 

Maunder's  Natural  History    -        -  15 

Turton's  Shells  oftheBrilishlslands  22 

Waterton'sEssaysonNatural  Hist.  22 

Youatfs  Ths  Dog  -        -        .  24 

"        The  Horse       -        -       -  24 


1-Voluxue    Encyclopaedias 
and  Dictionaries. 

Arrowsmitb's  Geogr.  Diet,  of  Bible  3 

Blaine's  Rural  Sports      -        -        -  4 

Brande  s  Science, Literature, &  Art  4 

Copland's  Dictionary  of  Medicine  -  6 

Cresv's  Civil  Engineering                -  6 

Gwilt's  Architecture        -        -        -  8 

Johnston's  Geographical  Dictionary  U 

Loudon's  Agriculture     -       -        -  13 

"         Rural  ArchiUxturt         -  13 

*'         Gardening        -        -        -  13 

"         Plants     -        -         -        -  13 

"         Trees  and  Shi  ubs    -        -  13 

M'Culloch'sGeographical  Dictionary  14 

"          Dictionary  of  Commerce  14 

Murrav-sEncvclo.of  Geographv   -  17 

Sharp's  Britisli  Gazetteer       -         -  19 

Ure's  Ilictiiiiiii'.  (ifAits   ficc.  -        -  2'w 

Webster's  Domestic  Economy       -  **2 

Religious  &  Moral  Works. 

Amy  Herbert            -         -         -        -  20 

Arrowsmitli's  Ceogr.  Diet,  of  Bible  3 

Bloomiield'&Grcek'l'eslament         -  4 

*•            Aniidtarion^  ondo.    -  4 

Bode's  Bampton  Lectures      -        -  4 

Calvert's  Wife's  Manual         -        -  5 

Cleve  Hall ^^n 

Convbeare's  Essays          -        .         -  6 

Conybeareand  Howson's  St.  Paul  6 

Dale's  Domestic  Liturgy         -        -  7 

Defence  of  Eclipse  of  Faith   -        .  7 

Desprez  On  the  Apocalypse             -  7 

Discipline       -        -        -        -        -  7 

Earl's  Daughter  (The)    -        -        -  20 

Eclipse  of  Faith      -        -         .  7 

Englishman's  Greek  Concordance  7 

Englishman'sHeb.&Chald. Concord.  7 

Experience  of  Life  (The;                 -  20 

Gertrude           -        -        _         -        -  20 

Harrison's  I^ight  of  the  Forge       -  6 

Hook's  Lectures  on  Passion  Week  9 

Home's  Introduction  to  Scriptures  9 

**        Abridgment  of  ditto          -  9 
"        Communicant's  Companion  9 

Jameson's  Sacred  Legends     -        -  10 

**         Monastic  Legends  -       -  10 

"          Legendsof  theMadonna  10 

"           SiJteis  of  Charity          -  10 

Jeremy  Taylor's  Works  -        -        -  1 1 

Kaliscli's  Commentary  on  Exothis  -  11 

Katharine  Ashton          -       -        -  20 

Kippis's  Hymns      -         -        -         -  11 

Kbnig's  Pictorial  Life  of  Luther    -  h 


Laneton  Parsonage                 -        -  - 

Long's  Inquiry  concerning  Religion,  1 

Lyia  Germanica      -         -         - 

Maitland's  Church  in  Catacombs    -  1 

Margaret  Percival  -        .         -        -  2 

Maitmeau's  Christian  Life    -        -  1 

*'           Church  History         -  1 

Milner's  Church  of  Christ       -        -  1 

Montgomery's  Original  Hymns      -  1 

Moort  On  the  Use  of  the  Body        -  1 

"          "       Soul  and  Body          -  1 

"    's  Man  and  his  Motives       -  i 

Morn  onism              -        -         -        -  I 

Neale's  Closing  Scene     -        -       -  ] 

"     Resting  Places  of  the  Just  1 

"     Riches  that  Bring  no  Sorrow  I 

"     Risen  from  the  Ranks           -  ■ 

Newman's  {J.  H.)  Discourses 

Ranke's  Ferdinand  &  Maximilian  ! 

Readings  for  Lent            -         -         -  ' 

"            Confirmation    -        -  : 

Robins  agamst  the  Roman  Church,  ] 

Robinson's  Lexicon  to  the  Greek 

Testament i 

Saints  our  Example       -        -        -  ] 

Self  Denial      -                  .        .        .  ] 

Sermon  in  the  Mount             -        -  1 

Sinclair's  Journey  of  Life       -        -  '■ 

Smith's  (Sydney)  Moral  Philosophy  ; 

'*         (G.)  Sacred  Annals  -        -  ' 

Southey's  Life  of  Wesley        -       -  : 

Stephen's  Ecclesiastical  Biography  ; 

Taylor's  (J.J.)  Ditcouises     -        -  : 
Tavlor's  Lovola 


Thcolo 


Wesley 


ermanica     -        -        - 
Thomson  on  the  Atonement  - 
Thumb  Bible  (The) 
Turner's  Sacred  History - 
Twining's  Bible  Tvpea  - 
Wheeler's  Popular  Bible  Harmony 

Poetry  and  tlie  Drama. 

Arnold's  Poems       -         -         -        - 
Aikins(Dr.l  British  Poets      - 
Baillie's  (Joanna)  Poitical  Works 
Bode's  Ballads  from  Herodotus      - 
Calvert's  Wife's  Manual 
Flowers  and  their  Kindred  Thoughts 
Goldsmith's  Poems,  illustrated      - 
Kippis's  Hymns     -        -        -        - 
L.  E.  L.'s  Poetical  Wor'  s       -       - 
Linwood's  Anthologia  I  xonie.isis- 
Lyra  Germanica     -  -        - 

Macaulay's  Lavs  of  Ancient  Rome 
Mac  Doiiald's  Witliin  and  Without 
Montgomery's  Poetical  Works 
*'  Original  Hymns 

Moore's  Poetical  Works 
Lalla  Rookh      - 
"        Irisli  Meh.dies  -        -        - 
*'         Songs  and  Ballads   - 
Shakspeari,  bv  Bowdler 

"  Sentiments  &  Similes 

Southey's  Poetical  Works 

"  British  Poets  -        -        - 

Thomson's  Seasons,  lllustiated 


Political    Economy    and 
Statistics. 

Caird's  Letters  on  Agriculture      -  6 

Census  of  1851        .         .        -        .  6 

Francis  On  Life  Assurance             -  8 
Greg's   Essays    on    Political   and 

Social  Science      -        -        -        -  8 

Laing's  Notes  of  a  Traveller  -  11  &  '23 

M'CuUoch's  Geog .Statist.  &c.  Diet.  14 

**  Dictionary  of  Commerce  14 

"           London       -        -        -  n 

"           Statistics  of  Gt.  Britain  14 

Marcet's  Political  Economy  -        -  15 

Eickards  On  Population  &  CapiUl  lb 

Tegoborski's  Russian  Statistics    -  21 

Willich's  Popular  Tables      -        -  24 

Tlie   Sciences    in   General 
and  Mathematics. 

Arago's  Meteorological  Essays      -  3 

"        Popular  Astronomy  -        -  3 

Bourne  On  the  Screw  Propeller      -  4 

Brande's  Dictionary  of  Science,  &c.  4 

"  Lectures  on  Organic  Chemistry  4 

Cresy's  Civil  Engineering       -        -  6 

DclaBeche'6GeoloavofCornwall,&c.  7 

"            Geological  Observer   -  7 

De  la  Rive's  Electricity           -        -  7 

Faraday's  Non  Metallic  Elements  7 

Herschel'B  Outlines  of  Astionomy  9 

Holland's  Mental  Physiology         -  9 

Humboldt's  Aspects  of  Nature      -  10 

**            Cosmos       _         -         _  10 

Hunt  On  Light        -                -        -  10 

Kemp's  Phasis  of  Matter        -        -  11 

Lardner't  Cabinet  Cyclopaedia       -  12 


Pages. 

Mann  on  Reproduction  -        -        -  14 

Marcet's  (Mrs.)  Conversations       -  14 

Moscley'sEngineerlng&ArchitfCture  17 

Owen's  Lectures  on  Comp.  Anatomy  17 

Our  Coal  Fields  and  our  Coal  Pits  23 

Pereira  on  Polarised  Light     -        -  17 

Peschel's  Elements  of  Physics        -  18 

Phillips's  Fossils  of  Cornwall,  &c.  18 

"         Mineralogy       -                  -  18 

*'        Guide  to  Geology    -        -  18 

Portlock's  Geology  of  Londonderry  18 

Powell's  Unity  of'Worlds        -        -  18 

Smee's  Elcctro-Metallurgv     -        -  20 

Steam  Engine  (The)       -'     -        -  4 

Tate  On  Strength  of  Materials      -  21 

Wilson's  Electric  Telegraph  -        -  23 

Rural  Sports. 

Baker's  Rifle  and  Hound  in  Ceylon  3 
Berkeley's  Reminiscences  -  -  4 
Blaine's  Dictionary  of  Sports  -      4 

Cecil's  Stable  Practice    -        -        .      6 
"      Records  of  the  Chase  - 
"      Stud  Farm  -        -        -        . 
The  Cricket  Field   -        -        -        - 
Davy's  Piscatorial  Colloquiei»- 
Ephemera  On  Angling  - 

*'         Book  of  the  Salmon 
Hawker's  Y'oung  Sportsman  - 
TTie  Hunting  Field 
Idle's  Hints  on  Shooting 
Pocket  and  the  Stud 
Practical  Horsemanship 
Richard.'ion's  Horsemanship  - 
St  John's  Sporting  Rambles 
Stable  Talk  and  Table  Talk  - 
Stonehenge  On  the  Greyhound 
The  Stud,  for  Practical  Purposes  - 


Veterinary  Medicine^  &c. 

Cecil's  Stable  Practice            -  -  6 

"      Stud  Farm           -        .  -  6 

Hunting  Field  (The)     -        -  -  8 

Miles's  Horse-Shoeing  .        -  -  16 

Pocket  and  the  Stud       -        _  -  8 

Practical  Horsemanship         -  .  8 

Richardson's  Horsemanship  -  Ifi 

Stable  Talk  and  Table  Talk  -  8 

Stud  (The)                ...  -  8 

Youatt's  The  Dog  -        -        -  -  21 

"        The  Horse         -        -  -  M 

Voyages  and  Travels. 

Allen's  Dead  Sea  -  -  -  -  S 
Baines's  Vaudois  of  Piedmont  -  Z. 
Baker's  Wanderings  in  Ceylon 
Barrow's  Continental  Tour  -  -  2 
Burton's  Medina  and  Mecca  -  -  j 
Carlisle's  Turkey  and  Greece 
De  Custinc's  Kus.sia 
Duberly's  Journal  of  the  War 

Eothen 

Ferguson's  Swiss  Travels 
Forester's  Rambles  in  Norway 
Gironi^re's  Philippines  -        -        - 
Gregorovius's  Corsica    -        -        - 
HilP.s  Travels  in  Siberia 
Hope's  Brittanv  and  the  Bible 

"      Chase  in  Brittany 
Howitt's  Art  Stuilent  in  Munich  - 

"         (W.)  Victoria  - 
Hue's  Chinese  Empire    - 
Hue  and  Gabet's  Tartary  &  Thibet 
Hughes's  .Australian  Colonies 
Humboldt's  .\spects  of  Natuie 
Jameson's  Canada  -        -        -        - 
Kennard's  Eastern  Tour 
Jerrmann's  St.  Petersburg    - 
Laing's  Norway      .        -        -        - 
Notes  of  a  Traveller     11  .'i 
Marryat's  (California       -        -        - 
Mason's  Zulus  of  Natal 
Maynes  An  tic  Discoveries    - 
Miless  Ran.bles  in  Iceland     - 
Osborn's  North  West  Passage 
Pleiffer's  Voyage  lound  the  World 

'*  Second  ditto  -  -  - 
Richardson's  Arctic  Boat  Voyage 
Seaward's  Narrative  -  -  - 
St.  John's  (H.)  Indian  Archipelago 

"  ( Hon.  F.)  Rambles 

Sutherland's  Arctic  Voviige   - 
Weld's  United  States  and'Canada- 
Werne's  African  Wanderings 
Wheeler's  Travels  of  Herodotus    - 
Young's  Christ  of  History 


23    t! 


'Works  of  Fiction. 

Arnold's  Oakfield 
Lady  WiUoughby's  Diary 
Macdonald's  Villa  Verocchio 
Sir  Roger  de  Coveilev    - 
Southey's  The  Docto'r  &c.     - 
TroUope's  Warden 


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14 


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16 


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i 


PTTBWSHED  BY  LONGMAN,  BKOWN,  and  CO.  23 

THE  TRAVELLER'S  LIBRARY. 

IN    COUBSE   OF   PUBLICATION   IN   PAETS    AT    OnE  SHILLING   AND   IN   YOLUMES 
PRICE    HALF-A-CBOWN   EACH  : 

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(LORD    CARLISLE'S    LECTURES     and    ADDRESSES;      and  A 

^^- 1  J  EFFREY's  ESSAYS  on  SWIFT  and  RICHARDSON   \     " " " '   ^^^ 

20.  HOPE'S  BIBLE  in  BRITTANY,  and  CHASE  in  BRITTANY 2/6 

21.  THE  ELECTRIC  TELEGRAPH;  and  NAl  URAL  HlSrORY  of  CREATION    ..    2/6 

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23.  TURKEY  and  CHRISTENDOM  ;  &  RANKE's  FERDINAND  and  MAXIMILIAN,  2/6 
j  BARROW'S  CONTINENTAL  TOUR;  and 
1  FERGUSON'S  SWISS  MEN  and   SWISS  MOUNTAINS 


24.1    irTr»/:;TTCr>TVT>„    OMtioc     mirXT     -„    I      ciTTij.o     »,,,->. TXim»  TXTO  t     ^/° 


rSOU\ESTRE's   ATTIC    PHILOSOPHER    in    PARIS,   and  "I 
■\  WORKING  MAN'S  CONFESSIONS....  [• 

f  Mr.  MACAULAY's  ESSAYS  on  LORD  BYRON  and  the  COM  !C  DRAMATISTS ;  "I 

^®"  1^  and  his  SPEECHES  on  PARLIAMENTARY  REFORM  (1831-32) J    ^''^ 

JSHIRLEY    BROOKs's    RUSSIANS   of  the   SOUTH;  and! 


DR.  KEMP'S  INDICATIONS  of  INSTINCT 

28.  ^LANMAN's  ADVENTURES  in  the  WILDS  of  NORTH  AMERICA   2/6 

29.  RUSSIA.     By  the  MARQUIS  DE  CUSTINE   3/6 

30.  SELECTIONS  from  the  Rev.  SYDNEY  SMITH'S  WRITINGS,  VoL  1 2/6 

j  BODENSTEDT  and  WAGNER'S  SCHAMYL;    and| 

^^- 1  M'CULLOCH'S  RUSSIA  and  TURKEY    )    ^''^ 

32.  LAING'S  NOTES  of  a  TRAVELLER,  First  Series 9/6 

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34.  RAMBLES  in  ICELAND,  by  PLINY  MILES  2/6 

35.  SELECTIONS  from  the  Rev.  SYDNEY  SMITH'S  WRITINGS,  Vol.  II 2/6 

i'ARD's    ESSAYS    on    CHESTERFIELD    and   SELWYN ;    and 


JMISS  5 


2/6 

MAYNE'S  ARCTIC  VOYAGES  and  DISCOVERIES    j 

37.  CORNWALL:  its   MINES,  MINERS,  and  SCENERY 2/6 

38.  DE  FOE  aud  CHURCHILL.     By  JOHN  FORSTER,  Esq 2/6 

39.  GREGOROVIUS'S  CORSICA,  translated  by  RUSSELL  MARTINEAU,  M.A...  3/6 
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■\STARK'S  PRINTING:  Its  ANTECEDENTS,  ORIGIN,  and  RESULTS J  ' 

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42.  FORESTER'S  RAMBLES  IN  NORWAY 2/6 

(BAINES'S  visit  to  the  VAUDOIS  of  PIEDMONT ) 

1  SPENCER'S  RAILWAY  MORALS  and  RAILWAY  POLICY..  J    ' 


24 


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Nov.  14,  1854. 

Yonge.— A  New  English-Greek  Lexicon  ; 

Containing  all  the  Greek  Words  used  by 
Writers  of  good  authority.  By  C.  I). 
Yonge,  B.A.     Post  4to.  21s. 

Yonge's  New  Latin  Gradus  :  Containing 

every  Word  used  by  the  Poets  of  good 
authority.  By  Authority  and  for  the  Use 
of  Eton,  Westminster,  Winchester,  Harrow, 
Charterliouse,  and  Rugby  Schools  ;  King's 
College,  London  ;  and  Marlborough  College, 
Third  Edition.     Post  Svo.  9s. 

Youatt.— The  Horse.  By  William  Youatt 

With  a  Treatise  of  Draught.  New  Edition 
with  numerous  Wood  Engravings,  from 
Designs  by  William  Harvey.  (Messrs. 
Longman  and  Co.'s  Edition  should  be  or- 
dered.)   Svo.  price  10s. 

Youatt.— The  Dog.    By  William  Youatt. 

A  New  Edition  ;  with  numerous  Engraving! 
from  Designs  by  W.  Harvey.      Svo.  63. 

Young.— The  Christ   of  History :    An 

Argument  grounded  in  the  Facts  of  His 
Life  on  Earth.  By  the  Rev.  John  Young. 
M.A.,  formerly  of  Albion  Chapel,  Moorfields 
Post  Svo.  7s.  6d. 

Zumpt's  Grammar  of  the  Latin  Lan- 
guage. Tr.nnslated  and  adapted  for  the 
use  of  English  Students  by  Dr.  L.  Schmitz, 
F.R.S.E.  :  With  numerous  Additions  and 
Corrections  by  the  Author  and  Translator, 
4th  Edition,  thorouglily  revised.     Svo.  14!>. 

[^November,  1855. 


WILSON  AND  OGILVT,  SKINNER  STREET,  S.NOWHILL,  LONDON, 


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